Legal Question in Family Law in New York
sons visitation of sister
my fiance is getting divorced from his ex wife and she absolutely refuses to let him see his daughter, she went as far as having a restraining order put on him and when ever he sends her court papers she has him arrested says he violated his order of protection. you would think the judge would think that was kinds funny, but i geuss not. i just want to know if there is anyway that i could take his ex to court so that my son can see her daughter, it is the childrens right to know one another. ive asked her but she wont allow she wants her daughter to think the new man in her life is her dad, now she stalkes me on myspace and is always writing things that arnt true. i wish she would grow up i met her once over 2 yrs ago and she thinks she knows me and my relationship. can someone please give me a answer to my question thanks,
tabitha
3 Answers from Attorneys
Re: sons visitation of sister
Tabitha based only on the facts as you have detailed above: 1. Your finance/any parent is entitled to visitation with their child. Your fiance needs to file a petition for visitation. Service of process of the petition is completed by a process server whose presence is not a violation of the order of protection and any allegation that it is will be dismissed. 2. due to the fact that you are not related to the ex you cannot go to family court to get an order of protection against her... if she is harassing you you have the right to call the police and file a complaint against her. Further details will provide an exact approach to this problem of involving your finance's child in your new life. Feel free to contact me to discuss matters further.
Re: sons visitation of sister
Tabitha based only on the facts as you have detailed above: 1. Your finance/any parent is entitled to visitation with their child. Your fiance needs to file a petition for visitation. Service of process of the petition is completed by a process server whose presence is not a violation of the order of protection and any allegation that it is will be dismissed. 2. due to the fact that you are not related to the ex you cannot go to family court to get an order of protection against her... if she is harassing you you have the right to call the police and file a complaint against her. Further details will provide an exact approach to this problem of involving your finance's child in your new life. Feel free to contact me to discuss matters further.
Re: sons visitation of sister
Tabitha,
Tough situation.
You should contact a lawyer for the child if their is one. The law guardian should be making the call as what is in the best interest of the child. If there isn't a law guardian, your husband ought to ask the family court to appoint one.
As for the question you didn't ask, get a lawyer who knows both criminal law civil rights law and family law. Let him bring a law suit against her and depose her, that will back her off and allow your husband to recoup his losses for being falsely arrested.
Good Luck.
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