Legal Question in Family Law in New York

The father of my child has court approved supervised visits twice a week minimum of two hours or more that we can agree upon.He can also go to my daughters daycare any day between 9am & 4pm. He has not been to the daycare to see her at all since September and she has not been to his house for visits since July 2nd. She is two years old. Today his grandparents cam in from out of the country and he wanted to pick her up from the daycare at 3 and keep her until 8pm. I disagreed because she is two and has not seen her father in months then she will be going to a house meeting more new people and that will be very uncomfortable for her. The daycare teachers have told me when he does come there she doesn't interact well with him and cries for the teachers to hold her most times.I understand i do have to let her go but i agreed to drop her off at 5pm when i get out of work so i can atleast explain what is going on to her and pick her up at 8. Is this unreasonable of me? because according to him it is.

Asked on 12/05/12, 8:58 am

1 Answer from Attorneys

Bunji Fromartz Fromartz Law Offices

Supervised visits means that he has to be with a responsible person, usually appointed or approved by the court. I am sure the daycare is approved, as for the two hour visits who supervises?

If the approved/appointed supervisor is there Your plan does not sound like a problem. The point is that visitation is "two or more hours as agreed."

Assuming all facts given are true and none are left out (ie. withholding visits):

Due to the lack of visitation, attachments have grown weak between father and child so preparing child for visits is fine. The failure to use past visits means he has lost them. The unreasonableness here is not remaining connected with your child.

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Answered on 12/05/12, 11:08 am

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