Legal Question in Family Law in New York

soul custody.

I have soul custody of our 2 children. The father just got out of jail and i refuse to let the children go see him. He now lives with with his mother that is alomost an hour away.By court ordered papers the father is to see the children at a certain place with a certain person in the house.(not at his moms house either) His mother is taking both him and I to court. Her against me and him.She is taking us for visitation rights. My question is.. How can can the court stand him up there with me when I have soul custody of the children. Will he be able to have any say so in what the grandma ( his mother who he lives with) wants? She is only taking me to court because i refuse to take the kids out to her place when its not what was court ordered. I just want to know if the judge is going to say Mr.--name removed--. Mrs --name removed--has soul custody of the children and you have no say so . So please take a seat. I do not feel safe at all with the kids going almost an hour away.I have a feling she is only doing this because I refuse to let the children go there. I am just following legal orders that i have right now . Please help me out me. I am in need of an answer.


Asked on 10/02/04, 9:42 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: soul custody.

There is a growing trend in the Courts to permit Grandparent Standing to Petition for Visitation, on their own. Therefore, it is unlikely the Court will tell Grandma to "just sit down, and shut up."

However, there is no "affirmative duty" upon a parent to cultivate, maintain, otherwise support; Or, Not to alienate a grandparent's relationship with their child/ren, as there exists between the parents of the children.

Also, in this case, it appears that the GrandParent already has the ability to visit with the child during her child's visitation.

It might be to your advantage to try to take the "sting" from the Grandparent's claws. By You consenting to Grandmother visits with the children at other times, W/O her son's presence, at a third party "supervised" location, near you (NOT HER HOME), so long as the visits do not interfere with your and your children's budget and schedule; (ie., doesn't cost you money or time from work & is fairly infrequent).

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/03/04, 11:54 am


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