Legal Question in Family Law in New York
Order of Protection/Parental Rights?
I have an order of protection against my ex for many domestic violence incidents including incidents when I was pregnant for our son. There was an order of protection issued ordering him to keep away from me, and my family members, and doesn't expire till 2-07, does he have the right to see our son? He is trying to take him to California at the end of June, can he demand that my son goes with him even though our son has never seen his father, nor been with him? Since hasn't seen our son in two years (since he was born) only in passing and possibly through mutual friends does he have any parental rights to this child?
2 Answers from Attorneys
Re: Order of Protection/Parental Rights?
In view of your OP, your Ex would appear to NEED a specific Court Ordered Authorization and Permission for Visitation with your infant; and certainly to remove your child from the state.
However, you need to check with your lawyer, Corporation Counsel or the DA's office concerning the parameters of the OP; and whether you need to file a motion to enjoin and restrain your EX from removing your child from the state, due his anticipated acts to remove; and whether his "contact," ie., threats to take the child constitute a breach of the OP.
In a word... Stop talking to him. Or stop allowing him to manipulate you.
GOOD LUCK,
PHROSKA L. MCALISTER,ESQ.
Re: Order of Protection/Parental Rights?
In addittion to your OP, you MUST petition for full custody and supervised visitation for X. He still has parental rights and since you didn't say the OP covered the child, he has a right to visitation (but not to leaving state w/child).
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