Legal Question in Family Law in New York

Can I make the parents take mandatory visitation?

I recently was awarded custody of my 15 year old nephew with several special needs. I was awarded child support, which is minimal. Which I haven't recieved as of yet. It has been since January of 2003. My question is: Can I take both parents back to court to make them visit with the child, at least once a week for 6 hours and take him for at least one weekend a month, each. (They are divorced) As of now they have not bothered to see him in the last month and when they do take him it is only for a couple of hours. This would lighten my load of caring for him and prevent burnout, as I am a single parent. As of now I cannot pay for anyone to care for while I have time to myself. It would cost $250.00 for a weekend of respite. Can I also take them back to court to cover the cost of respite and babysitters if they do not take him for one weekend a month and one day a week for at least 6 hours?


Asked on 5/10/03, 6:53 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can I make the parents take mandatory visitation?

In the absence of an agreement on this point in the original family court order of custody, i don't know the answer to whether you can require the parents to take 'visitation/temporary custody' of the child with special needs. My best guess is 'no'. However, they can and should be forced to pay the full child upport. you are welcome to a consultation for no charge at my office at 42 west 44th st, ny,ny please call for an appointment first. 646-591-5786

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Answered on 5/11/03, 7:34 pm


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