Legal Question in Family Law in New York
Can He Request Visitation Rights
My boyfriend is unmarried to his child�s mother. Last
was served with child support court papers for the first
time. Casual financial support was in place to date.
The child is a teenager. Because of the adults volatile
communication, quality time spent with the child has
been scattered. Child's address has been withheld
from him by mom for years. Tried to assure him he�ll be
able to be rewarded with seeing child more often and
have a visitation order begin. Will he be allowed to
request visitation at the child support proceedings or
must he file a separate motion.
4 Answers from Attorneys
Re: Can He Request Visitation Rights
To be on the safe side he should file a visitation petition in the same court. I have extensiveexperience in these matters and he can call me for a free telephone consultation at 516 466 5297
Re: Can He Request Visitation Rights
The matter will probably be heard by a Support Magistrate, who will most likely only look at the parties' income and enter an order of support. Your boyfriend could file a motion to suspend the child support payments because he is not being allowed to visit, but you usually need a visitation order to prevail on such a motion. Your boyfriend should file a separate petition in the same to protect his rights with the child. I regularly practice in Family Court. Roland Acevedo (212) 371-4500
Re: Can He Request Visitation Rights
He must bring this to the attention of the judge before any support order is made.
In addition, his efforts to have regular visitation in the past must be documented (testimony from his mother, you, and other relatives and people close to him will be sufficient)and do the best he can to show he has paid money in the past. Any documents will show that he has paid, and the court will understand that he has paid more than the documents will delineate.
If the child is a teenager, this might not be a complicated case. It is always best to go in with a lawyer; no attorney will ever suggest that you involve yourself in a court action without representation, but if she is not represented by a lawyer, then it may not be 100% necessary for you to have one.
On the other hand, if she has a lawyer; you must get one. In addition, the mother has access to a variety of women's law groups that offer free lawyers to them.
You are welcome to a consultation for no fee.
Re: Can He Request Visitation Rights
He should file a separation application for visitation.
Also, you should be aware of how much child support the father may be required to pay. At a minimum it may be 17% of his income. Additional items could be added on such as education and health care expenses. I would recommend that you consult with an attorney.
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