Legal Question in Family Law in New York
How much can he demand?
I have questions as to how much my ex-boyfriend can demand in terms of our son. He has signed an affidavit of paternity, and I have no desire to keep him from seeing our 1 year old son. He and I have very different views on what is best for our child, particularly where standard of living is concerned, the result being that I pay about 75% of costs for basics, childcare expenses, etc. Visitation has always been two nights and one weekend day a week, usually at my home. Now he doesn't want to come over any more (because of our deteriorating relationship), and is threatening getting the courts involved (which I had always hoped to avoid). If it goes that far, what can I expect the courts to grant him?
2 Answers from Attorneys
Re: How much can he demand?
Unless he can be shown to be dangerous to the child or an unfit parent, he will most likely be able to acquire some right to periods of unsupervised visitation.
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Re: How much can he demand?
I am sorry that it has deteriorated. It is always best to keep strangers out and establish trust and goodwill. But if it happens, you will strive to be named the 'custodial parent' and afford him only visitation.
The good part is that his financial contribution will be fixed and a percentage of his income. He will have no options here.
The bad part is that he will, in the absence of a history of violent behavior, get overnight visitation. Most judges grant every-other weekend and some holidays.
There are good and bad parts to having the courts in your life. But I think you have handled things well thus far in trying to work things out between the two of you. After all, you are joined together for 18 years.
There are opportunities in mediation and other ways the Family Court can help you work together without telling each of you what to do.
You are welcome to contact me for a no-fee consultation to discuss the matter and your options further.
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