Legal Question in Family Law in New York
Modification of Visitation Order
my brother has custody of his two children, mother has surpervised visitation rights only, she has two founded reports with ACS. The son hates his father, does not give reason, son and father have therapy every week, and recently included mother, son has gotten worse, acting out, not going to school and calling the mother about ten times a day and talking on the phone for long periods of time. Mother has stopped going to therapy says conflict of interest?, does not follow the parenting plan and has threatened to leave the drug rehab she is in, she says she is sick of her son calling and complaining, that it is not her problem, his son is like this because of the trauma he has indured, he witness his mother drunk and on pills. Can you go to court and ask for her visitation be cut off, what are his options. This is Brooklyn, NY Family Court
1 Answer from Attorneys
Re: Modification of Visitation Order
Your brother should consider joining a "single parent" support group, in addition to continuing with counseling. A good group with good people may have useful advice; and allow for sharing and venting the many difficulties, he and his child are facing. He should investigate more than one group, before deciding the best one, to meet his needs.
He should also remember that CONSISTENCY, PATIENCE, TOLERANCE, REASSURANCE AND CONSTANT LOVE, as well as FIRMNESS & ROUTINE, will in time, to turnaround his child's behaviour. He should listen primarily to his own heart, with respect to how he should proceed and not entirely rely upon the "experts."
To the Court, your brother should always present how reasonable, constant, understanding and tolerant, he is; ... So, it's not the best idea to ask for termination of the mother's visitation or contact. Let the mother screw up the visitation and contact w/o assistance.
Good luck,
Phroska L. McAlister,ESQ
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