Legal Question in Family Law in New York

My ex husband's new girlfriend's daughter who is the same age as my daughter (9 yrs old) is open handedly smacking my daughter on her back, her arm, etc. My ex (who is now 45) lives in New Jersey with his parents and has since we split (7 years ago). When my daughter goes there, her room is the spare "computer" room with a trundel bed (dad sleeps on the bottom, my daughter on the bottom) and she isnt allowed to touch anything or make a mess, etc. His new girlfriend lives in CT, where, when my daughter visits, sleeps on the floor or on an air mattress. I dont feel this situation on the whole is a positive one for my daughter and now with this little girl hitting my daughter, I feel its time I intervened. Every other weekend when she is with him and they go to CT, my daughter is coming home saying emily hit me, she hurt me... and my daughter refuses to hit her back for fear that my ex will punish her or as she says "he will just ignore me". What do I do?? I need a direction. Thanks! (I am doing my best on one salary and really cant afford a $5,000 retainer....)


Asked on 12/17/09, 8:29 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

You have an obligation to stop such visitations as long as your daughter is being injured. Speak with an attorney first before you draw a conclusion that you can't afford their fee; otherwise, file on your own and seek assistance from the Administration of Children and Family services.

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Answered on 12/24/09, 5:23 am


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