Legal Question in Family Law in New York
Angered by my son's grandmother
My son has recently moved to his granparents house in hopes that he might be able to attend a really great head start program.Lately when I see him in the weekends he has been very withdrawn and upset.I have determined that his grandmother who doesnt like me in particular has been trying to ''brainwash'' him into thinking that i DONT LOVE HIM.I would like to obtain a order of protection agaist her because I believe she is harming my son and inflicting upon him negative images and thoughts about me and my family. He is only 4 and I fear the permanant damages this might cause my son.
How can I go by doing this in a way to not have anything to further do with her and without harming my son?
1 Answer from Attorneys
Re: Angered by my son's grandmother
You can not get an Order of Protection as she has not committed an enumerated family offense under that law.
If you believe that the grandmother is "harming" and "inflicting negative images about you" and "brainwashing" this child and may cause "permanent damages"........why is the child still living there? To attend a really great head start program?
It sounds like you may be divorced and do not have custody of this child.
If all you stated is true, you have an obligation to protect the child otherwise you could be guilty of "neglect" for doing nothing.
Your recourse is to forego this daycare school (for the welfare of the child) and remove the child or petition the family court and have the child removed from grandma's home.