Legal Question in Family Law in New York
Visitation Guidelines
My son's father filed for visitation and an order of protection. I do not know the reason for order of protection against me. He does not know I am aware that he filed. He has not served me. He has not seen son in 2 months. Before then, he had not seen son for a month. He has discussed overnight visitation with me, but I told him I will agree to a progressive visitation schedule which will eventually lead to overnights. Child is 13 months old. Father has not had much contact with him. Father is unwilling to discuss any visitation unless it is strictly overnight. I assume order of protection is to give him leverage for overnights. What are usual visitation guidelines for 13 month old?
2 Answers from Attorneys
Re: Visitation Guidelines
While there are no strict guidelines for determining visitation for an infant, the Court will consider your reasons for opposing overnight visitation at this time. You should be prepared to discuss these issues with the Court at the first Court appearance as your child's father may make a request for an immediate order of visiation,including overnights. The request for an Order of Protection may very well have been made to leverage you into agreeing to an overnight visitation schedule. When your recieve the Family Offense Petition, you should consult with an attorney and be prepared to vigorously contest the allegations.
Re: Visitation Guidelines
There is no standard formula, nor should there be.
The court will take into consideration the parenting skills and visitation history of the NCP, before making a decision.
This will most likely be settled in court. Otherwise, the court will appoint a law guardian and may also order forensics, before there is a full-blown hearing (by which time your child may be 26 months old, etc).
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