Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Rapper files motion claiming ex-wife is violating custody order

Many people in New York are familiar with music by the rapper Nas, which he has been creating for many years. He is back in the news again, but it is not because of his music. This time he is in the news because he is back in court claiming his ex-wife is violating their child custody order by trying to move their son to Colombia. There have reportedly been many instances over the last year that she has brought their son there while she is starting a farm in that country.

Nas also claims that he missed his visitation on New Year's Eve because she kept their son in Colombia. In addition, he said she has violated the order by taking their son out of the school he was enrolled in. This case demonstrates what can happen in the years after custody orders are initially ordered. Parents may want to move for various reasons, sometimes parents may miss their visitation and other clauses of the order are violated.

When these situations arise, the parent seeking to enforce the custody order may need to file a motion for contempt stating that the other parent is violating the order. Another option is for the parent seeking to change the order to file a motion to modify the order to allow for the change.

If parents file a motion to modify, they must first demonstrate that there has been a change in the circumstances warranting the need to change the order. The decision will be made based on what is in the best interests of the children.

There are many people in New York who have custody orders. When these orders are first issued they are based on the circumstances at that time. However, as people know, circumstances change over the years and sometimes the changes make the current order unfeasible to follow. In these situations, the parents may need to modify their orders instead of simply violating them.

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