Legal Question in Family Law in New York

whats the age of visitation

i am 18 yrs. old and i am unhappy with visitation i have with my father,do i have to go at this age and if so can i take him to court and tell why i don't want to go


Asked on 4/26/05, 2:21 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: whats the age of visitation

No, you do not "have to" visit your father. And, you do not "have to" explain to anyone, why you do not want to visit him.

However, in response, your father might Petition the Court for reduction or termination of child support paid to your mother. In which case, you could be asked by the Court, whether you have "good cause" for not visiting.

The Court does not usually reduce or terminate support for non visitation, but will be obligated to "inquire," to determine whether there should be a reduction or termination, based on the non visitation, your father may raise in his Petition.

But, If your reason for not visiting, is in the nature of objectioning to feeling threatened, afraid or disgusted by your father's behaviour or his home environment; you should feel compelled to disclose this information, for your own protection and other children, that may come in contact with your father.

If not, you might decide to "avoid" "be too busy" etc., rather than flatly "confront" your father with your position re "visitation."

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On another note, I do not agree that the parent-child relationship must be maintained at all costs. There are some parent/people, who are toxic to their children's survival. Sometimes those toxic "parents" don't know that they are creatures from the black lagoon, (they "cover" by doing some things right and well). Sometimes, they don't care. In either case, cutting them from your life may be the most reasonable thing to do.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/27/05, 3:14 pm
John O'Donnell Attorney at Law

Re: whats the age of visitation

I am sorry that you are unhappy with visitation. The generally accepted view of visitation is that it is important for both the child and parent.

Look at it this way, you are only 18 once, and it is to your benefit to have both parents in your life, if possible. Let's say you have a problem, wouldn't it be nice to be able to ask your father for advice? If you don't see your father regularly you will loose touch with him. You don't want that to happen. When you are older, you will probably appreciate your parents more than you do now. Do what you can now to ensure that you have a good relationship.

If your parents are still going to court, and if you really believe that it is in your best interest not to have visitation with your father, you may bring this to the attention of the judge, or your law guardian (if you have one).

In any event, you should discuss your feelings with your father. Maybe something could be worked out.

Best of luck.

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Answered on 4/26/05, 4:15 pm


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