Legal Question in Family Law in New York

Re: Family Court Attorney

What type of traumatic brain injury does your son have, and how did it happen.

I agree with Mr. Markowitz's answer and also like to add that not every parent is created equal, but every parent should have the right to visit and/or raise the child. Your son should petition Family Court right away for visitation. A law guardian may be appointed to represent the interests of the child who could act as a mediator.

Grandparents always have the right to petition family court for visitation rights. The courts have always said that a grandparent provides their grandchild with a uniqueness which only a grandparent can.

A grandparent always has the right to fight for visitation. It is in the best interest of the child in almost all cases.

I have represented many disabled brain injured individuals during my 35 years as an attorney. I was an assistant clinical professor of Medicine at the University of Buffalo Medical School and taught many physicians the law on this subject.

If you would like to contact me in this matter, please feel free to do so.

Re: Family Court Attorney

The court looks at the best interest of the child. The presumption is that a child needs a father and mother.

Concerning individuals with disabilities, the issue is whether the disability adversely affects the parent's ability to care for the child. Therefore, a parent that has no use of his hands may not be able to change a diaper. HOWEVER, that parent may have a caretaker, relative or friend that would help care for the child. All of these factors are reviewed by the Court in its decision.

I would have your son petition the Family Court for visitation.

Mike.