Legal Question in Family Law in New York
My son signed a agreement with his ex girlfriend that she has sole custody and he has visitation rights. i have two questions:
1) He has his child for two hours on one day of the week each week and every other weekend. The ex girlfriend always wants to either talk to him or harrass him when he picks up his child. She has my son at the door for over 15 - 20 minutes either talking to him or accusing him of abuse. She does not bring the child down till after she has her say. The agreement states that he has the child for two hours but she always shortens the visit with her rantings. Can she be stopped from doing this? Cant she be told to call him or email him so that he does not lose time with his daughter. my son has suggested that the ex girlfriend wait till he gets back to talk to him but her excuse is that she has to put the baby to bed. What can be done to stop her from doing this?
2) what can be done when my son ex girlfriend falsely accuses my son of abusing or neglecting his child ? She has stated she was going to call CPS and have him thrown in jail. This is a constant problem that he encounters when he goes and picks up his child. I mentioned to him about order of protection but he feels that the judge would not think it was justified. What would be your approach?
1 Answer from Attorneys
He may want thing about filing a formal motion for visitation rights. In the motion, set forth her constant false accusations and threats. This way, if she decides to intefere with his visitation, he can file a motion for contempt. Moreover, there will be a record in the court about her false accusations.
In the meantime, he should have someone with him during visitation. This way, he will have a witness if she should accuse him of abuse. Also, take pictures of the child after each visitation to show that the child has not been abused.
(Licensed in New York)
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