Legal Question in Family Law in New York
Unfulfilled Visitation
Visitation established in one state--name removed--Parties never married and have moved to another state--name removed--Non-custodial parent absent from visits for 20 months now--name removed--Recently non-custodial parent goes to family court here in this state and claims wants visitation/custody established even though already is an order from another state--name removed--Children don--name removed--want to see him and have been calling their step dad 'dad' now for--name removed--years--name removed--Can he just waltz back in now claiming he wants to establish contact like this? He is the one who 'chose' not to come around for the past 20 months. Please advise.
2 Answers from Attorneys
Re: Unfulfilled Visitation
There is a basis here for opposing visitation.
These cases are very fact specific and can best be discussed in person.
If you wish to schedule a conference, please give me a call.
Re: Unfulfilled Visitation
Courts in one State must honor the court order of another State. The non-custodial parent can request a modificaton of that order only if good cause/changed circumstances. Being absent for 20 mos., without more, prob won't change his rights to visit unless Court determines not in best interest of children.