Legal Question in Family Law in New York
visitation with no court order, concerned for my son while at dads
My son is 4 years old and I send him every other weekend to his dad's house for visitation. My son and I moved about 5 months ago, which is 100 miles away from where we were living. . My son tells me that his dad does not have hardly anything to do with him while he is there, that almost all of his care is given by the girlfriend. His dad's girlfriend also confirms this when we speak, although if directly asked, its denied. His father is moving 300 miles away from where we are.We've always met in the middle to exchange our son, but my car will not make that trip. Can I have his father drive to our usual halfway point to pick up our son?
Also, I am concerned for my son while he is at their house. His father was very physically abusive to me during our marriage, and now my son tells me the same thing goes on between the two of them while he is there. Also, they are moving to the shore, and my son has told me that he's been told he can go play all day in the ocean, and that this works great for his dad and girlfriend as they won't need to watch him. What can I can do to ensure my son is safe? Do I have to send my son if they don't give me thier new address before the next visit?THere is no order for visit, this is all friendly.
1 Answer from Attorneys
Re: visitation with no court order, concerned for my son while at dads
If there is no agreement there is no violation if you refuse to allow visitation. However there should be a reason that you are refusing visitation and present abuse and failure to care for the child can be used. If there really is abuse you should goto family court and file for an order of protection, supervised visitation and custody, if it is not yours. But this is a claim not to be made lightly, be sure before you use such an argument and consult with an attorney.
If you decide to allow the visitation there is no reason you have to travel further because the father moved. It appears you are presently traveling 50 mile to meet the father, say you can't travel further than that due to present practice and the state of your car.
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