Legal Question in Family Law in New York
Other non custodial parent rights
Other parent has been out of children's lives for almost two years..suddenly decides to attempt to come back in and is demanding that she see them..is calling dr. offices about their appointments, has not supported them in any way for over that length of time..it was not court ordered, but suggested..did not show up for any of the proceedings..what rights does she have at this point?? Father supports them and has them on his insurance only..she has taken his insurance card # in the past and has used it to buy prescriptions, etc. They have joint custody, but several years ago she chose her boyfriend over the children, and has not taken any advantage of her bi-weekly visitation rights at all. What can we do?? Thank you!!!
1 Answer from Attorneys
Re: Other non custodial parent rights
In NY both parents have the right to access to their children. She may at any time, go to court to file a petition for visitation since she is their biological mother. The court will take into consideration that she has been out of their lives, but will make the determination of visitation based on standard, the best interest of the children.
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