Legal Question in Family Law in New York

Visitation and Child Support Modification

I am in need of legal Assistance. I am a single mother and am not recieving any child support. My ex right now owes me over $7,000.00 for back child support. I have taken him to court for non-payment and he keeps weaseling his way out. he states to the court that he needs adjournments because he needs to obtain legal advice or that he is in rehab and program and he can not leave. This man has been incarceratd for the last 19 years on and off. I have not been involved with this man since my son was 2 years old, he is now 5. My dilemma right now is that I have sole and full custody of my child. I was awarded this in January 2005 for his negligence of no show to court. Lately he has been calling me and requesting to see his son. I have told him numerous times that I am not and have not recieved any support and that he is not entitled to see his child. Last night I recieved a phone call from him stating that he is taking me to court to obtain visitation. I know that he as the father has the right to see his son, however what can I do to make sure that it is supervised visitation. This man is not in the right frame of mind to have regular visitation without me being present. This man is a drug addict and alcholic. Please help me!!!!!


Asked on 9/16/05, 11:23 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Visitation and Child Support Modification

This is a difficult situation.

Under the facts you have outlined to me, it is unlikely you can prevent him from having any visitation. You are correct in focusing on the importance of 'supervised visitation'.

The factors that will support your insistance on supervised are:

1. He has had no contact with the child in the past. he is a stranger to the child.

2. He has been incarcerated in the past and is not a responsible person.

3. he has had drug/alcohol problems and is not a responsible person.

If he has any assets, the court's support payment program can help you. Report him to the 'support enforcement' department and do not just take him to court.

If you feel you need a lawyer, legal aid may be able to help youi. If not, please contact me.

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Answered on 9/16/05, 4:00 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Visitation and Child Support Modification

Agree with atty Nitzberg's response.

Would add that YOU CANNOT supervise the father's visit's. And, your needs would be better served if you designed a reasonable, workable supervised vistation PLAN, that would be consistent with most Court requirements, BEFORE, going to Court.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/19/05, 4:05 pm


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