Legal Question in Family Law in New York

childs right to choose

My boyfriend has supervised visitation with his children every other weekend but they do not stay overnight. His 12 yr. old son has started to complain when it is time to go home and has reached the point where he practically refuses to get in the car and go home. What do we do when the time comes and he will not go no matter what? Would my boyfriend be in trouble if he refuses to force his son to go home?


Asked on 11/05/07, 9:13 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: childs right to choose

Yes, if he is in violation of a visitation order he will be in trouble for refusing to return the child.

He needs to go back to fam court for modification of the visitation order and request overnights and/or extended stays.

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Answered on 11/07/07, 9:10 am


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