Legal Question in Family Law in New York

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.