Legal Question in Family Law in New York

Mothers choice to stop visitation

I am a father of a child that has had set visitation rights for 3 years through the courts. At this time I have missed 3 visits with my child becouse the mother feels the child has a minor sickness. The mother feels it necessary that he stay close to home. [I have joint custody]I have not recieved a doctor's statement saying that it is important for him to stay close to home. My son lives in the same state as I do. What do I do?? Thank you


Asked on 5/09/02, 1:04 pm

2 Answers from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Mothers choice to stop visitation

It seems to me there are the following approaches:

[1] If you are actually aware of the fact that the child DOES have some illness {whether you have a doctor's note, or not}, you can defer to the mother's judgment / wishes and hope your child recovers soon.

[2] If you doubt that there is ANYthing wrong with the child, you can communicate to the mother a reminder of your right to have input about his medical condition, and ask her to provide you with a note from the doctor. Such a "communication" with the mother might include a 'gentle' reference to your preference for avoiding the need to seek Court intervention.

[3] And, of course, you can initiate a proceeding in Family Court, seeking enforcement of your visitation rights. You can do this, yourself, by going to the Family Court and taking advantage of the help the Court's personnel will give you.

Which of these approaches you utilize depends, a lot, on the "quality" of the communication channel between you and the mother.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 5/09/02, 7:55 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Mothers choice to stop visitation

What was the "minor sickness?" Perhaps a temperature of 102 degrees? An upset stomach?

Do you really want your child brought to the emergency room for such trivial maladies? Don't you think your ex-wife knows how to take the child's temperature or when to give two aspirin?

You missed one visit per year and you act like the aggrieved father of the year? This is not a legal problem. Any Judge would laugh you out of court. Suggest you consider taking a parenting course.

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Answered on 5/09/02, 9:16 pm


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