Legal Question in Family Law in New York
Supervised Visitation
my ex husband moved to purto rico 6 months ago. I have sole custody he has visitation. Would it be hard for me to go to family court myself to get visitation changed to supervised visitation. He has a history of drug use and want to be prepared if he comes back to visit. Im afraid for my son to go off alone with him. Is this something I can take to family court on my own??? I can NOT afford a lawyer. Thank you, KV
1 Answer from Attorneys
Re: Supervised Visitation
You may file a Petition in Family Court, Pro Se (w/o a lawyer & by yourself) to modify the custody and visitation provisions of your Court Order, upon grounds of "change in circumstance" (from what existed at the time of the original visitation order) and on other grounds.
However, a claim that "supervised" visitation,
is necessary and warranted, usually requires extensive investigation and testimony AND Court examination of third parties... doctors, social workers, police reports,home visits, examinations, and so forth; and you then must be able to present a coherent plan for the supervised visitation, that does not prevent your child from having a relationship with her father. You will probably need the help of an attorney to proceed, beyond getting the case in court.
However, After getting your case on calendar, if you prove you are w/o funds to proceed, the Court can appoint an attorney for you and your child.
Good luck,
PHROSKA L McALISTER,ESQ