Legal Question in Family Law in New York
holidays/visitation
My in laws live 2 hours away. My mother in law has threatened to take me to court for visitation, which was not a problem until a dispute we recently had, but I never denied her visitation. I am hoping that overnight visits are out of the question. How often should grandparents visitation be? My daughter is only 3 years old. And if I never denied her visitation, does she have the right to take me to court? Can I bring up the fact that she lives with someone who she is not married to? And that I disagree with her lifestyle? Including smoking? I do not want my daughter in this environment.
3 Answers from Attorneys
Re: holidays/visitation
Grandparents have limited statutory
visitation rights. Generally, these
come into play only where there is
a divorce or death and neither parent
is cooperating to allow contact. If the
parents are still together, these rights
won't fly.
This statute is subject to constitutional
challenge similar to US Supreme Court and
the State of Washington, but still has not
been done in NY
Overnights are permitted. It usually occurs
no more than once a month.
Re: holidays/visitation
Yes, she can take you to court. But that doesn't necessarily mean she will win. You should try to discuss the matter with her rationally. If you are not able to work things out, retain the services of a family law attorney.
Re: holidays/visitation
She must go to court! But you can take action now to short short circuit her legal moves. Give me a call at 212.883.1963 or goto metrospotnyc.com/father and complete the form if you live in the NYC Metro area.
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