Legal Question in Family Law in New York

Frustration with fathers lack of visitation

My kids father has visitation rights of every other

weekend. However, he does not always pick them up on

his weekend and does not substitute any other weekend

to make up for lost time. Fridays are his day off and

yet he picks them up at 7:30pm and brings them back by

1:00pm Sunday because he works on Sundays commencing

at 10:00pm.Is there any way to use the court system in

setting times and days that he must abide by or have

him lose his rights since he is so very inconsistent?

I don't like being the one disappointing the kids with

the news. It is also very frustrating when you are

dealing with a some timish dad. Please Help. Thanks.


Asked on 3/06/02, 11:18 am

2 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Frustration with fathers lack of visitation

Unfortunately, the court has no power to compel a non-custodial parent to visit with the children.

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Answered on 3/10/02, 10:59 am
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Frustration with fathers lack of visitation

You might be able to further limit his time or set something up whereby if he misses one week without 48 hours advance notice, he doesn't get the following visitation period. However, in my experience it is virtually impossible to make a non custodial parent who does not want to parent, an active and dependable participant in the kids' lives. Good luck.

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Answered on 3/08/02, 6:51 am


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