Legal Question in Family Law in New York
Revised Visitation
My ex and I had a very broad parenting plan in our divorce that stated I have primary and residential custody of our 7 year old daughter but her father has visitation ''per his availability''. He has seen her 5 times in 7 years for a few afternoons here and there and refused overnight visits when offered but is now wanting to revise the parenting plan to force our daughter, against her wishes (she has sobbed on my shoulder many over this) to visit him at his home in another state for the summer and holidays. I have always made sure our daughter was available whenever he said he was coming and have never stopped him from having contact with her whether it be by phone, e mail or personal visits. I am desperately seeking help so my daughter isn't forced to go so far from home with a man she barely knows. I do not want to stop his visitation in any way I just want my daughter to have visits she enjoys and not fears. Please help. Thank you so much.
1 Answer from Attorneys
Re: Revised Visitation
This is a difficult question.
Legally, your ex has the right of visitation. Even if prior visitation was sporadic, he does not waive the right to future visitation.
However, because of sporadic prior visitation you daughter has anxiety about traveling to a different State to spend either a summer or a holiday with the ex.
All parties should agree that the child's interest is paramount. Also, a child should have influence from both a father and mother. Therefore, I would initially travel with the child to the other State. Take vacation and stay in a hotel for a week while the child is with the father. Let her take security knowing that you are close, while giving her time to get accustomed to the father. If she has a good time - and expect that she will- a pattern will develope that she will want to go and visit her father.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
