Legal Question in Family Law in New York
Visitation
I got divorced in 1995 in Minneola LI, at the time my son was a new born, when the time came and the judge ask for days I want him to spend with me I thought that because he was so young and the relationship with my ex was amicable will be better for him to be with her, since them I have been visiting him every Sunday and when I have the time twist a week but the situation has deteriorate and has become impossible for me to be with him along, she is always around. I�m a resident alien, will my status be a problem to get to see my son by myself?, if I apply for citizenship will it help??
She allege that I will never be granted such a unsupervised visits because of this...
Thanks
1 Answer from Attorneys
Re: Visitation
Who knows why, but it seems to take a long time between when you submit your question and when it then "circulates" for answers.
YOU, on the other hand, should not wait so long before seeking court intervention with regard to your visitation {& you should not be so "ready" to assume that what your ex-wife tells you is 'so'}.
If you can afford to hire an attorney, you should consider doing so - check with the Bar Assoc. in your county to see if they have a referral system.
If you cannot afford to hire an attorney, you can, may and should seek to initiate action in the Family Court on your own. The court staff will help you. It is not complicated. You will have an opportunity to ask for a lawyer to be assigned to you.
Based 'solely' on what you state & claim in your question, there appears to be no reason for you to dread that you would not receive fair consideration.
You will confront what just about every "petitioner" faces on these cases in Family Court - - the possibility that your adversary has a load of BAD things to say about you and the risk that she can prove some or all of them; but your citizenship status should have no special negative implications, in the absence of other "negatives".
Do not hesitate to seek court intervention on this - - unless you know that it can be established that for some Good Reasons you are an "undesirable" influence on your son. The mere fact that your ex-wife might prefer to think of you that way, does not make it 'so'.
Good luck.
Regards, etc.,
J.M. Hayes
>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<