Legal Question in Family Law in New York
I just got served with visitation papers from my estranged mother in law to see my 3 boys. Does she have rights to my kids? I live in NY state. Little background is I have custody of my boys, my husband and I seperated over a yr ago, but recently I got sick and now diagnosed with a lifetime illness .My husband stepped up and we have been going to counseling for a few months, and decieded to have no contact with his mother. She is a toxic person and its not healthy for me or my boys.I mean as the parent do I not have a right to who can and can not see my boys?This is just stress I do not need and money I do not have .Its a bully move. There also have been no phone calls, no emails, no letters to see my kids, and she wrote in the papers "repeated requests", there was none!
1 Answer from Attorneys
Generally, the court will permit parents to make decisions with regard to who sees their children. If your husband is in agreement that his mother should not have access to the children, it is unreasonable for any court to permit her to see the children unless she has been their caretaker in the past.
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