Legal Question in Family Law in New York
Supervised visitation in ny
EX husband is mentally ill and a drug and alcohol abuser. he has supervised visitation. he moved to fla in 2004. came back sept 2006 and has not made any effort to see his kids. now he wants to but they dont want to see him. 2 kids 11 and 13. do i have to force them to see him? should i go to court and explain to the judge? if so should i bring the kids with me? i dont know if that is a good or bad idea
3 Answers from Attorneys
Re: Supervised visitation in ny
Q. do i have to force them to see him.
A. Debra Palazzo says do not force the kids. I agree with her to a point. The present order is for supervised visitation. The children will not be alone with the father. The possibility that the children will be hurt is minimal. A relationship with both parents is important to a child. Therefore, I would gently coax your children toward supervised visitation, since it is in their best interest. I would also ask your ex why, after so much time, he has an interest in seeing his children. Maybe he will give you a good answer.
Mike.
Re: Supervised visitation in ny
You need to file a motion in court to change the visitation schedule due to changed circumstances (i.e. your ex-husband's drug & alcohol abuse, his lack of contact for years, your kids' feelings, etc.).
Re: Supervised visitation in ny
Do not bring the kids to court. Either a law guardian (attorney) will be assigned to them or the Judge may request to see them.
I assume he has supervised visitation because the court already knows he is a drug/alcohol abuser/mentally ill so that is not a changed circumstance.
The change would be his lack of exercising his vistation/contacts and the children's refusal to vist with him.
Do not force them unless the court says you must.