Legal Question in Family Law in New York
Rights for Visitation
Me and my son's father has joint custody. We have an agreement in front of the judge where he has to keep our child every Sunday night to Monday. There has been several occasions where he has not shown up to pick our child up. The last time he has seen our child was in June. Now he has filed for visitation rights. I have repeat tried to get him to keep our son. He has ignored the phone calls. Also I have contacted his mother who said she couldn't keep her grandson because the father disagrees. Could the judge take away his visitation rights completely if I have proof he has been neglecting his son?
1 Answer from Attorneys
Re: Rights for Visitation
No. A parent may not loose child visitation rights due their failure to visit, per a schedule.
Also, it appears that the father is petitioning the Court for Visitation, because he is dissatisfied with the present visitation arrangement. It is also apparent that he does not want to talk to you, directly about this matter.
Thus, Your contact and discussion with his mother, re what you want her or him to do, with your child, was inappropriate. The father may refuse to have conversations or direct contact with you, and yet continue to have visitation and contact rights (and a relationship) with his son, that includes limited imput from you and more than one overnight a week.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ