Legal Question in Family Law in New York
my ex and I have a 10 year old son togheter and currently there is a joint custody order. he has not seen our son in 9.75 of his 10 years and has made no attempt to contact him. i have just filed for sole custody with no visitation. what are the chances i will win?
1 Answer from Attorneys
I cannot predict what a judge will decide. In general, the judge looks at the best interest of the child regarding custody and visitation. Therefore, it's a subjective analysis. However, as a general rule, a court will not cut out visitation for a parent if he or she wants to see the child. Courts have said that under most circumstances, it is in the best interest of the child to have some contact with the noncustodial parent, even supervised visitation. Again, there are exceptions to the rule regarding visitation. However, not seeing the child for most of his life may not suffice.
Nevertheless, you can always file the motion regarding custody and visitation. If the father has not made an effort to see his son, he may not oppose you.
Also licensed and practicing in New York.