Legal Question in Family Law in New York

Custody, brainwashing, relocation

Exwife has our 2 children for sp.break per our court stip. We hav joint custody-kids live with me-mother lives a mile away.She has used 10 day break to cut off communication between me and kids so she may brainwash/cajole/bribe kids to live with her-she is relocating 25-30 miles away and has bought home.Kids informed me that they were taken to a room seperately and were interrogated and questioned/told that they would hav to decide by sp. break as to where they will reside-my 2 kids as well as his 2 kids-I got to know only the night before they left-did best to caution them They had visit this weekend between the break but called to say they wrent coming.Ex says they will be back Tue evening.Inspite of many calls-kids have not returned calls-i leave msgs on answering machine and voice mail. My daughter trying to IM me on internet but scared, says a few words and disappears.I'm concerned-what can I domother sees kids during the week and pretty much when she wants-drops in at the baby sitters-which I pay for-brainwashing will continue. She works but for cash and pays only $25 child support. What can I do-this is mental anguish and is constantly trying to turn kids against me-pls help. Can I enforce visitation schedule?


Asked on 4/11/04, 6:40 pm

4 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Custody, brainwashing, relocation

Much of your statement and question was unclear.

But, you may seek enforcement of your visitation order by filing a Family Court Petition for enforcement.

You may also consider family counseling, and ask the Court for same, given your concerns about the "brain washing" interferring with your custodial and visitation rights.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/11/04, 7:59 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Custody, brainwashing, relocation

This is a difficult situation. As I understand your situation; the non-custodial parent is using her 'visitation' to intimidate and and alienate the children from you.

This is one of the major 'sins' of Family Law'. This is something that may be brought to the attention of the court. You may choose to file a motion with the court on this matter. This is done on notice. The first thing to happen will be the appointment of a Law Guardian to represent the interest of the children and investigate this behavior which is inconsistant with the role of a parent.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 4/11/04, 10:11 pm
richard feldman richard d. feldman

Re: Custody, brainwashing, relocation

this sounds like something that should be forcefully adressed. you should move for supervised visitation iv you can prove your allegations or at least have a law guardian appointed and evaluations done. you can call for free consultation at 212 683 8677

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Answered on 4/12/04, 10:46 am
Daniel Clement Law Offices of Daniel Clement

Re: Custody, brainwashing, relocation

Your question was a little confusing. Regardless, if you have been alienated from your children or prevented from seeing them, you should consult with an attorney to explore your rights.

Daniel Clement

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Answered on 4/12/04, 1:29 pm


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