Legal Question in Family Law in New York

Hi, I've recently had a baby (2 weeks ago), now my husband and I are getting divorced unfortunately and I would like to know if I have the right to not allow him to see her until we have a court date that says he can have visitation. He has been very abusive and tempermental, this is my reason for withholding visitation. Thank you for your time.


Asked on 10/18/09, 4:02 pm

2 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

What do you mean abusive?

Has he physically abused you or the child?

Have you called the police?

Are you interested in filing for sole custody and divorce?

Feel free to call us to discuss this in further details at 212-553-9167.

Patricia Martin-Gibbons

Sent from my Verizon Wireless Blackberry

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Answered on 10/23/09, 4:21 pm
Michael Markowitz Michael A. Markowitz, PC

If you want to withhold visitation to punish or hurt the father, then the answer is no.

If you want to withhold visitation since you reasonably believe that withholding visitation is in the best interest of the child, then the answer is yes.

Mike.

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Answered on 10/23/09, 4:41 pm


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