Legal Question in Family Law in New York

Non-Custodial Parent's Rights

It has recently come to light that my b/f's ex wife has found my address and included it in a court petition regarding child support. She (custodial parent) is claiming he brings the children to an unsafe and uncomfortable (small) home to stay overnight. Can she force inspection of the home and will this stand up in court?


Asked on 11/26/01, 11:55 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Non-Custodial Parent's Rights

If the ex-wife can make out a "compelling enough" tale including allegations of hazzards / events that might put the children's safety At Risk ,, a judge might order a home investigation by either Social Services or the probation dept {a resource available under the statute that the court's almost never access}. One tends to think it would have to be a tale full of some allegations of Truly Bad Things - - but many FamCt judges prefer to err on the side of caution - - so, depending on the whole cast of characters / circumstances / your locale, etc., there might be as much as a 50% 50% chance such an investigation could be ordered.

Good luck.

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 11/27/01, 12:50 am


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