Legal Question in Family Law in New York
visitation rights
I live in Va. with my two children. My divorce was in NY. My ex husband pays no child support for my 18 and my 17 year old. He has not seen my children in three years and has only talked to them once. Legally, does he have a right to visitation?
2 Answers from Attorneys
Re: visitation rights
He has a right to visitation and he has a right to try to re-establish a relationship with them, however if the relationship is so toxic that it cannot be safely re-established then the court will protect your children from him.
Good Luck
Visitation and relationships with one's children have nothing to do with child support. That is an issue between parents. A child, generally is better off having a relationship with both their parents. That said, you cannot force children to be with someone who has ignored them. If the kids want the relationship, they should have it, if not, it probably will not happen.
Re: visitation rights
Yes. of course, the father of these children has a right to visitation with his children (unless, of course, a court has ordered otherwise). The issue of child support is entirely separate and independent of considerations involving visitation. (And, one might inquire, why haven't you pursued him through appropriate interstate actions, if necessary, for child support?)