Legal Question in Family Law in New York

changing child visitation strategy

i have custody of my 11 year old son whom is labeled as emotionally unstable. his mother has every other weekend overnight visits with him. i am no longer comfortable with this. i do not wish to restrict her from seeing him, i just dont agree that she needs him overnight. he has said that she has been telling him that she is going to get custody of him, something that he doesn't want. it has been affecting his sleep and daily performance at home and school. i ask her about it and she tells me she has never said that to him. he also states that she doesnt spend time with him, just sends him to the park to play with the local kids. sometimes he tells me he didnt even spend the night at her house, but at someones house that i have never met. this past weekend on her visit she was in a car accident with him in the car and i had to spend all day sunday in the ER with him, strapped to a board. thankfully he is ok. every visit there is something different and i am afraid that emotionally he may never recover. is there anything i can do?


Asked on 12/01/03, 1:24 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: changing child visitation strategy

I am sorry that your ex has not proven a responsible person.

There are many things you can do. The facts you have related to me suggest you may be successful in changing the custody order.

You must make a motion to the court with notice. Your original attorney may be able to assist you. In any event, child services may be helpful (the auto accident is quite shocking).

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/01/03, 2:28 pm


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