Legal Question in Family Law in New York
child support and change of venue
My husband has full custody of his three children. His ex has limited visitation, 2 hours evry two weeks under his supervision. She pays $50 per month; however, she had a job at the time of the order and continues to work at the same employment. She was proven to be violent and dishonest in papers written by the superior court judge, continues to lie to us and the children and tells scathing untruths about their father and I. The case went to a different county, but our lawyer had it changed back to the county of original filing. We would like to change the court process to the county within which we reside and we would like visitation terminated and/or support increased. How can we do this?
1 Answer from Attorneys
Re: child support and change of venue
Visitation rights have been terminated for the non-custodial parent in past case law precedent, at least in part, because the non-custodial parent (the father) had alienated his daughter from the custodial parent (her mother), which the non-custodial
mother is doing in this case, alienating his children from him by telling them untruths about him.
(For example, see the case Zafran v.. Zafran, 306 AD2d (2d Dept. 2003), where such alienation of the daughter from her custodial parent, the mother, was a contributory factor in terminating the father's vistiation rights.)
As regards an upward modification of child support, you do not provide sufficient details to analyze that issue.
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