Legal Question in Family Law in New York

i have primary physical custody of our 10 year old. she visits her father on weekends. i have learned that his home is not sanitary and also that he is smoking in her presence in spite of warnings from her pediatrician that she has tested abnormally high for chemicals from second hand smoke . what steps can i take to require that his visitation time be held outside his home and to prevent him from smoking in her presence. He has repeatedly failed to be attentive to issues related to her health, and also (of course) is extremely delinquent in paying child support. I continue to support their visits because he is her father but i cannot continue to send her into a house where she is subject to second hand smoke and where the living conditions are unacceptable for a child. thank you.


Asked on 8/16/11, 4:08 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

File a petition to modify visitation and request a home visit to determine the fitness of his residence. Similarly, you can request a no smoking provision in the revised order. These are legitimate concerns.

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Answered on 8/19/11, 10:55 pm


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