Legal Question in Family Law in New York
Is visitation negotiable?
I am pregnant, no longer with the father. He lives 4 hours from me (same state). He refuses to help me financially until the baby is born. He says that he will get his way about visitation no matter what. He is not involved in any way at this point. He has threatened suicide twice. No court orders on visitation or support with the mother of his other two children. How much bargaining power do I have? I am afraid that my son will not be taken care of when he's with his father. (He already neglects the other two when he has them.)
1 Answer from Attorneys
Re: Is visitation negotiable?
Visitation depends on what is best for the children. Since you state that the Father tried suicide, he is not stable enough to be left alone w/ a child.
When the baby is born, you will have full custody (if not married to Father). You do not have to do anything that you feel may harm your child's welfare including ANY visitation.
Let him petition the court for visitation and then you will request SUPERVISED VISITATION only from the court.
Also, you prob will have to petition for child support order. Hopefully he has a job and part of his wage will be garnished and sent to you for child support.
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