Legal Question in Family Law in New York

Re: Visitation Emancipation ?

To begin with, there is a procedural hurdle: your son, even at 14, won't be able to file a Petition to change the current status on his own behalf.

The atty who was the Law Guardian _isn't_ any longer - - that atty's role "expired" at the conclusion of the last court case {altho', that atty might / likely will be re-appointed for new proceedings}.

So: you might be able to proceed by filing a petition, yourself, asking for modification / revision / setting aside of prior order - - such a petition would ask for the court to appoint a law guardian to represent the son, who has expressed a desire to cease / revise, whatever, visitation.

As a "general rule", one wouldn't expect visitation to be cut off, completely, unless there was significant proof of serious problems {"serious" as in approaching or being equivalent to the "trigger" language in the abuse/neglect area = "putting the child's physical, mental or emotional well-being at risk"}.

Those would be serious allegations and I surely hope you aren't dealing with anything of that sort - - I would caution you against "exaggerating" any such allegations.

As another "general rule", a 14-year-old _is_ in a somewhat 'stronger' or 'better' position to hope that his stated wishes / preferences will be given real consideration - - but that is not the same as saying that because he's 14, he'll get his way.

You could initiate this, yourself, without a lawyer, in Family Court; but you should consider at least looking for a lawyer first.

Try contacting the bar association in the county where you live - - if they have a referral program, you can arrange an initial consultation for next-to-no $$, and be under no obligation to hire the atty you consult with.

All of these cases *always* depend alot on the prevailing "philosophy" of your local FamCt judges - - I'm a believer in the proposition that it makes a big difference _how_ the pleadings are prepared & presented. If you can find a lawyer you can afford who "knows the playing field" you would be well-advised to proceed that way.

Regards, etc.,

JMHayes>>--> 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. <-<<