Legal Question in Family Law in New York

Custodial Parents Rights re: Visitation

I am the custodial parent of three children under the ages of 13. up until last year their Father paid little attention to them and certainly never followed any visitation agreement. I petioned the court for increase child support and was granted the increase. He was very angry and took me to court for additional visitation rights, despite not ever utilizing the original agreement. He now threatens me whenever the kids have a special event, or vacation plans interfere with dates, that I am violating this agreement, despite our constantly being inconvenienced by his ''no-show'' or last minute calls to not even take them on weekends that he petitioned courts for. It is becoming very disruptive and I feel like our lives are constantly being disrupted despite my best efforts to keep the kids available at his designated times. All I ever see is the rights of the non-custodial parent, what about my rights to have him hold up his part of the agreement? He claims his visitation is a ''right'' and not an obligation. I believe he has a right to see his kids, but is obligated to abide by the agreement, just as I am.

Any suggestions?


Asked on 9/16/03, 4:20 pm

3 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Custodial Parents Rights re: Visitation

He has defined times and dates to see the children. He should not be able to encroach on your time.

Daniel Clement

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Answered on 9/16/03, 4:44 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Custodial Parents Rights re: Visitation

Keep a written log of his interaction with the children. If you can show he has a record of not utilizing visitation and last-minute cancellations

it will make it easier for you in the future to back-up your statements that his complaints are 'retaliation.

keep me informed. this is how you build your case.

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Answered on 9/16/03, 9:50 pm
Seth Kaufman Seth M. Kaufman

Re: Custodial Parents Rights re: Visitation

Although visitation is a "right", it is jointly shared by the non-custodial parent and the children. Make every effort to comply with the order in effect. Keep records of the father's missed visits and other difficult behavior. It is difficult to modify a custody/visitation order, but you may be able to raise the issue if he commences a proceeding against you or if the problems he creates are severe enough. Feel fre to call me at 212-367-9167. I do not charge a fee for the initial consultation.

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Answered on 9/16/03, 10:23 pm


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