Legal Question in Family Law in New York

Family Court Visitation

My niece went to court against a guy who impregnated her and she bore a child. He filed for visitation and they went to court the guy never bothered visiting his son before this. She went to court and tried to explain this to the judge she was never given a lawyer. The judge ordered that she take the baby to the father's house on saturdays so he can see the child between 11am and 8pm then she has to go back to pick him up. She was odered to let the father know exactly what the baby needs, bring pampers to him and so on. Basically I am all for fathers getting their rights but not this way. The child was born out of sex only, there was no relationship or anything like that. The baby was basically born not from love. The father works in the building the mother resides in and he was told he could visit the baby anytime. She was not allowed to explain this to the judge. What can she do to correct this mess cause my niece is a little slow. Her mother is afraid that this guy is trying to take custody of the baby slowly for him and his fiancee. What can she do?


Asked on 6/21/07, 8:59 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Family Court Visitation

Your niece needs an attorney as soon as possible. You do not say how long ago she went to court or how recently the judges decision was rendered but there is an appeal process and a motion to reargue that can be brought. These both have time limits. You need to get her an attorney now although it may be too late.

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Answered on 6/22/07, 9:15 am
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Family Court Visitation

Unfortunately, parents have the right to reasonable visitation absent exigent circumstances that makes visiting with the child contrary to the child's best interest. Even though the child was conceived out of a short term relationship or no relationship, if he is the biological father he has rights to visit with the child.

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Answered on 6/21/07, 9:57 pm


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