Legal Question in Family Law in New York

car accident while on visitation

not sure if this belongs here or in traffic law.

my son has every other weekend visits with his mother. she had him thanksgiving weekend and on sunday they were in a car accident.

as custodial parent, do i have a right to the police report of the accident write-up? she lives an hour away from me, so i want to make sure that i will have no problem obtaining that through the police department, or do I make her provide me with a copy of it?

thanks


Asked on 12/05/03, 10:06 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: car accident while on visitation

Yes to both questions.

You are in the correct area of practice, because it goes to your parental rights & obligations. You as custodial parent are entitled to any and all information and documents an agency may make available, concerning your minor child. Also, you have an obligation to get the docs and any info concerning your child, especially in this matter.

You may request the information directly, with proof of your status as custodial parent, with whom your child resides. You need not have your child's "non custodial" parent's consent, approval or other input. The same result if primary residence is with you and you share custody.

Hope your child is recovered, and well.

GOOD LUCK.

PHROSKA L. McALISTER, ESQ.

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Answered on 12/05/03, 12:05 pm


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