Legal Question in Family Law in New York

out of state visitation

i left my ex in jan 2000 for cheating and beating me, broke my hand and even chased me with a butcher knife. all these things he did in front of her. i got OP and he got visitation on sat 8-4. well he came a couple times in 2000 and was MIA until Nov 2005! he is in georgia now and wants me to send my 11 yr old daughter to visit. he lied a lot about me to his family, as a result, my childs grandparents live here in nyc like me and never see the child. i told him due to the abuse he gave me, his lies about me and because my daughter said his girlfriend is mean to her( nov 2005 visit), i dont want to send her to georgia. he said i was being foolish and that i was the one who used to beat him up! i told him to take me to court. i do get child support. does he have a chance?


Asked on 3/20/08, 12:28 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: out of state visitation

Based on your facts, his chances of having a court Order you to send your child to him are slim to none.

BUT, your reasons for not sending should not be that he lied about you, etc. The court will only look at whether it is in the best interest of the child.

You need to argue that he endangered your child's mental welfare by abusing you in front of her, has neglected her and whatever the girlfriend has done/said to child.

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Answered on 3/20/08, 8:52 am


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