Legal Question in Family Law in New York

Biological Father Seeking Visitation after 12 yrs.

After almost 12 yrs. of non-support (child) from my ex-husband (separated since '91 and divorced '94), I recently filed papers for a violation of cs (5/92 order filed) and modification since I found that my ex-husband is now a corrections officer. He quit his job after I went to court in '92 and had a poor history with work, drugs, etc. and had no contact with him. Never paid one DIME! He has recently retaliated and filed for visitation rights for my soon to be 14 yr. old. My son does not want anything to do with his biological. He doesn't know the man at all; he has had a relationship with my husband since he was 3 yrs. and we legally changed his name 3 yrs. ago (at son's request) and legally served biological of said name change, but he didn't respond or fight the change. WHat are the chances of ex-husband being granted visitation?


Asked on 10/15/03, 2:38 pm

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Biological Father Seeking Visitation after 12 yrs.

From what you described, the father does not have a strong case. The child is old enough for the court to follow his wishes. However, there is a policy trend encouraging contact between even estranged non-custodial parents and their children. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 10/20/03, 11:08 am


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