Legal Question in Family Law in New York
visitation of a child to her father
my granddaughter is 8 years old and cries when she has to visit with her father the court ordered visitation everyother weekend from saturday at 5pm til sunday at 6pm she does not want to go she makes herself throw up and get sick so she dont have to go she told her father she does not want to spend the nights with him she will see him for a little while saturday afternoon but then she wants to go home she says he makes her watch his little daughter and she has to sit in an apartment all day and he is always yelling at her if she does not watch the baby she says he always has friends over and that she has to sleep with him and his girlfriend cause they dont have a bed for her my granddaughter is so sad from this her mom dont know what to do does she have to visit him or doeslshe have a say so in the matter?
1 Answer from Attorneys
Re: visitation of a child to her father
Reasonable visitation is a right every parent is entitled to. However, there are several factors the Court will consider to determine if visits are in the best interest of the child. One of those factors will be the child's desires/wishes, but more importantly the issue of babysitting and improper sleeping arrangements would be of great concern to the court. Her mother should speak with an attorney to discuss filing modification petition in court.