Legal Question in Family Law in New York
Child Custody/Visitation
My wife has a child with her ex-husband. She has custody and he has visitation that per the divorce agreement is every weekend, but after a year of their son, my step son, meeting with his psychologist, they decided it was in his best interest to change this to every other weekend. We have since ran into other issues and his psychologist feels her ex's fiance poses a threat to her childs physical and mental development and also displays an unhealthy obsession with him. Would testimony from the psychologist be enough to grant supervised visitation or eliminate visitation altogehter?
2 Answers from Attorneys
Re: Child Custody/Visitation
You need to provide more details about the situation, particularly the divorce judgment, in order to get an accurate response to your question. Generally, before the Court will entertain a petition to modify the custody order in effect, it will have to find that there was a significant and unanticipated change in circumstances since the (stipulated?) custody arrangement was ordered. Without such a showing, the Court may not properly even consider the allegations or opinions of the psychologist. Feel free to call me to discuss your case in further detail.
Re: Child Custody/Visitation
You will need to consult an attorney in your area to determine what will be necessary to accomplish a change in visitation. Absent a clear showing that continued visitation under the current arrangement is detrimental to the child the court is reluctant to change or eliminate visitation. A trained professional's opinion on the record would most likely get the court to order a forensic evaluation or an investigation by a law guardian.
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