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?


Asked on 1/17/07, 10:01 pm

2 Answers from Attorneys

Seth Kaufman Kaufman PLLC

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.

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Answered on 1/21/07, 2:06 pm
Joel Salinger Law Office of Joel R. Salinger

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.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 1/18/07, 3:18 pm


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