Legal Question in Family Law in New York

child visitation rights in family law

Can a father residing in California visit his daughter in New York state for her high school graduation at a private school in New York (specifically, Troy, New York) when the mother does not want the father to be present at the graduation, the private school has no opinion on the issue but leaves it up to the custodial parent to make the decision who to invite to the graduation, and the father has no criminal record nor any restraining filed against him in any state? What are the non-custodial father's rights to attend the graduation at this private school? The private school will not get involved in this issue. Does the custodial mother have the right to remove the father by calling the police if he shows up at the graduation or does the non-custodial father have the right to stay and witness his daughter's graduation? (There is no court order preventing the father from seeing the child nor a court order or contract allowing for visitation.)


Asked on 6/04/09, 4:09 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: child visitation rights in family law

Absent an order of protection and lack of direction in the divorce decree, I believe you have the right to attend your child's graduation. If formal invitations are required and you cannot secure one then my opinion may change. Go and enjoy the moment.

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Answered on 6/04/09, 5:07 pm


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