Legal Question in Family Law in New York

visitations

The father of my daughter is married and did not tell me until after I told him that I was pregnant, he is paying child support but refuses to agree to a consistent schedule to have visits with my daughter, he insists that he can't agree to a specified time because he doesn't know what the future may hold-we recently attended a hearing to modify visitations the original order stated as we agreed upon (when and if he feels like it) during the hearing I told the judge that I would like supervised visits due to the fact that her father left her alone 2x's and one of his other children has consistently bit my daughter and nobody is supervising the children while she is at his home-her father agreed to the supervised visits but stated that he didn't want a time schedule and that he would call if and when he wanted a visit.

I find that this is unfair and even inconsistent for my daughter and would like to set up a scheduled time for his visits that is convenient for everyone involved and not just him.

what legal options do I have if he refuses to have any visitations with my daughter at all? Can I request additional support because he doesn't see or visit her or participate in her life at all?


Asked on 6/03/08, 1:51 pm

2 Answers from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: visitations

Child support and visitation are separate issues. The amount he pays is by statute, which means a calculation is applied based on income, not the amount of time he does or does not visit with your child.

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Answered on 6/04/08, 9:56 pm
Seth Kaufman Kaufman PLLC

Re: visitations

You are right to want consistent contact between your daughter and her father. However, the law is not set up to help with that, and child support is not tied to visitation.

You should discuss your case in detail with an attorney to figure out a way to convince the father to be more committed and involved, and to see if there are bases upon which you can increase the child support, if the current amount is not enough.

-- Seth

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Answered on 7/04/08, 10:14 am


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