Legal Question in Family Law in New York

Visitation

My sons mother witholds visitation on a whim over things such as what he ate (shes a vegitarian), or claiming that I smoke around him which is untrue. He is well cared for, privded for and is a happy, healthy little boy. Whenever she is angry at something I lose visitation and she drags my name through the mud with her friends. We do not have a court ordered visitation schedule or support payment structure. I do however pay her support. Usualy 40 dollars a week or more. Can she legaly withold my visitation over non abuse related complaints? I am at wits end. This happens every so often and I am unsure of how to proceed. I do not want to take her to court but will if I have to. I especialy am not seeking to take him from his mother, just make sure my visitation is unimpeded.


Asked on 12/17/07, 12:23 am

1 Answer from Attorneys

Seth Kaufman Kaufman PLLC

Re: Visitation

You can go to court for an order that would be enforceable; however, you have to weigh that against the possibility of getting less time and/or paying more support. You should discuss the details of your history and current arrangement with an attorney who can tell you how likely it is that you will end up in a better position.

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Answered on 12/17/07, 1:18 am


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