Legal Question in Family Law in New York

Re: Child visitation

Only if there is a good reason. Now that he has paid his debt to society, he will be allowed to restart his life. What kind of Father was he in the eight months before he went to jail? What effect will his return have on the child? Why was he incarcerated? Is he violent? Was he a big drug user (selling isn't the same.)

The Family Court will make the decision as to visitation based on the best interest of the child. Usually the court wants the child to know both a father and a mother. Unless you can show that he is not a proper parent he will be allowed to visit.

Instead of thinking of denying visits, you may want to work with your ex and your daughter on reuniting her with him gradually. If she is unaware of him, you may want to work with a counselor at school or a community based therapist to help explain things to her. YOu may also want to attend the first few visits to make sure that your ex-knows what to do with a 7 year old girl. You should invite him to school events and to outside events like soccer games etc. Finally he needs to be aware that people may know about his record, and that he needs to bring his best game to events. He needs to speak and act appropriately around his little girl.

No alcohol, smoking, multiple women, and most definitely no drugs.

Be observant and speak to the child about her visits without asking "did daddy drink" or "did daddy have a girl over." Just ask what they did, how she enjoyed it,is she looking forward to doing it again? etc.

Good Luck.