Legal Question in Family Law in New York
Divorce and visitation
My boyfriend has been seperated from his wife for four years and is now seeking a divorce. After a number of situations (one where she did not allow him to see his kids for 4 mths), child support, custody and visitation have all been settled by the courts; there is no property to dispute. She had her lawyer try to barter with his stating that she would allow for an easy divorce if he gives up full parental rights which he of course denied. 1) Is there ANY way she can have the courts negate his rights, esp by trying to leave the state? 2)How long can she delay the divorce proceeding especially with all other issues settled but grounds (he's filing cruel and inhuman treatment and is willing to change but only if none of the other settled issues are changed)? 3)On average, how long will such a court proceeding take considering the circumstances? Thank you very much.
1 Answer from Attorneys
Re: Divorce and visitation
This is a surprising question. The last time I had an opponant contest the 'grounds' for a divorce, the judge yelled at him and accused him of padding his fee!
No conflict about the grounds (cruel & inhuman)is holding up this divorce decree.
His attorney must have the action put on the 'trial calender' and then, at the pre-conference hearing, the matter will be converted to an uncontested/fully stipulated matter. The divorce decree will be issued within 6 weeks of that date.
Regarding custody/supervision, in the absence of threats to the welfare of his child, there is nothing she can do to negate anything without his accomodation.
But: make sure there is an order to prevent her from taking the child out of the court's jurisdiction or out of the state. Its not necessary, but may be helpful.
If you have any other questions, please feel free to contact me.
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