Legal Question in Family Law in New York

visitation

Does a person always get visitation? Alittle background, my ex is a raging lunatic, had a restraining since expired, calls constantly, harasses and intimadates. Got out of jails about 4 months ago for violation, goes back in about 1 month later for violation of probation they enter him into rehab for drugs and whatever else, which didn't do any good, plus has him in drug court, has made numerous threats in the past to harm children, they only thing is can't do anything about it b/c they can't prove it was him. Cops refuse to investigate. Even called me from rehab threatening that I would come up missing? When does this end? Is there a way that I can keep him from the children until he can prove to me that he is capable of even being a father? I'm just looking out for the best interest of my children, plus again, he does have quite the past w/domestic violence, drugs, jail. Need I say more. Plz help!! I've moved on he just makes things so impossible!


Asked on 11/13/07, 2:22 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: visitation

Go to family court and file a petition for sole custody and either to terminate visitation or request supervised visitation and an order of protection for you and the children based on his threats and drug use.

Be prepared to tell the court why it is not in the children's best interest to visit/be alone with their Father.

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Answered on 11/13/07, 9:31 pm


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