Legal Question in Family Law in New York

Father's Rights
Dear Sir or Madam:
My husband has a 15 year old daughter that he has seen twice her entire life. He divorced his first wife when his daughter was a year old. His ex wife has repeatedly denied visitation to my husband (even though the decree states he does have visitation rights). We live in another state, therefore fighting this would cost us a min. of $10,000.00 (this has been quoted). Since she has repeatedly denied visitation, we stopped paying child support years ago. She basically, as soon as their divorce finalized, she stopped all contact except for wanting ''her money''. She used the non-payment as another excuse for denial of visitation. My question or questions is this...Can she deny visitation and can she deny visitation after he stopped paying her? Since he stopped paying her, she cut off all communication. Also, I would like to point out, she has surfaced and now is threatning US once again. What can we do?

Asked on 10/11/05, 8:07 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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Re: Father's Rights

Not paying support isnot a rememdy for a visitation dispute. A father can be jailed for that and before you even worry about visitation, you need to take care of support. He can not only go to jail, but he can lose his driver's and professional licenses, be garnisheed and have his assets seized.

While she also can have a problem for denial of visitation (if that violates a court order), your husband has a serious problem.

Answered on 10/11/05, 10:16 am

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