Legal Question in Family Law in New York

Re: Visitation Rights

Assuming the situation you have put forward - if there are no other orders that would restrict his visitation with the children - then the court order would have to be obeyed. In order to force the mother to follow the order, a proceeding in Family Court can be brought for a violation of the visitation order. More specific facts are needed as to how that order would be worded. Best of luck!

Re: Visitation Rights

The mother's conduct should not be condoned, as it is also detrimental to the children. Visitation is a right, both of the non-custodial parent [NCP], and the child. It is unfortnate that she is using the children to continue the marital dispute.

Your BF should bring an OSC in the Family Court to enforce the visitation and to modify the previous order by providing for additional visitation.

The Judge will appoint a Law Guardian for the children, who will help investigate the situation.

If the court finds that the mother has wrongfully withheld visitation, then the Court has the power to Order a change of custody.

However, your BF should not ask for something that he does not want, because he might get it.

His problem in the case will be to explain why he has waited so long to see his children.

He should consult with an experienced matrimonial attorney to learn more options. For more information, please visit my web site:

www.BravermanLawFirm.com

Re: Visitation Rights

error

Re: Visitation Rights

She must obey the order. You can bring an action in the New York Family Court where the children reside in order to enforce the order.

Mike.