Legal Question in Family Law in New York
Forced Visitation
My ex is taking me to court to force my 7 1/2 to go to his house, out of state, for 4-6 wks every summer. I say force b/c my daughter absolutely doesn't want to go and is scared to death! He has only seen her 5 times in her life and at his own refusal, never had her overnight. He calls her 3 or 4 times a month and has never taken an interest in her life until I got married a few weeks ago and I questioned the child support. He has now decided he wants to, in his own words, ''take her away from everything and submerge her entirely into 'his' world''
I suggested him coming here for a week and keeping her overnight so she could learn to trust him and feel safe and if all went well then take her for a wk to his house. The ultimate goal being she goes to his house for 2 wks in the summer and 1 week over spring break every year.
This offer was refused despite me telling him that our daughter is now having nightmares, severe stomachaches, crying, losing sleep and threatening to runaway. He said ''she just needs to deal with it'' and will only go through a lawyer. What are the chances of my daughter being forced to go for so long with a man she barely knows? We can't afford thousands of dollars for a lawyer like he can.
2 Answers from Attorneys
Re: Forced Visitation
It is in the best interest of the child to have a happy healthy relationship with her father. It is your duty to promote that relationship.
You first have to look at your agreement with the father. 4 to 6 weeks over a summer seems a little long.
If the father's request is in accordance with the agreement, you must open a dialoge with the father while gently persuading the child.
Finally, you should take the child to the father. You should stay in a hotel near where the child is staying and inform the child that you are close by. You should NOT interfere unless needed, and allow the father to bond with the child. After a week the child should begin to feel more comfortable.
Mike.
Re: Forced Visitation
The Court usually takes into consideration "the best interest of a child" as a main factor. From what you say, it seems that your ex husband's attempt to take her away is not in your daughter's best interest.
In any case, it is better if you have a lawyer to represent you.
You can contact our firm if you need further assistance.
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