Legal Question in Family Law in New York
''Reasonable Rights of Visitation''
My divorce papers say that I ''have custody of the child of the marriage'', and that the defendant ''shall have reasonable rights of visitation away from the custodial residence''. The defendant is ordered to pay child support and has not done so since October 2002. My child does not want to go see him, she's afraid. 1) According to the divorce papers, what exactly is ''reasonable rights of visitation''? 2) How often do I have to grant visitation and not go against the order? 3) Can I stop all visitation?
1 Answer from Attorneys
Re: ''Reasonable Rights of Visitation''
In N.Y. State the non-payment of support is NOT an acceptable basis for denying visitation.
The only "wise" and "safe" course of action for you to follow is to bring on a petition in Family Court to "set aside, amend or vacate" the provision in the divorce decree in order to fix terms more "particular" {or to seek to bar visitation} - - one assumes your divorce decree makes reference to Family Court jurisdiction to entertain such petitions, it is now-a-days customary.
You can commence such a petition, in Family Court, yourself. Go to your Family Court early in the morning and ask for the "intake clerk" and those people will be able to assist you in preparing a petition that spells out what you seek and why. DO take a copy of your divorce decree with you.Count on spending a couple hours, maybe less, depending on where you are located.
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. <-<<