Legal Question in Family Law in New York
refusing to let children visit father
My husband-to-be did not contest the fact that in the divorce decree he got no visitation or joint custody of his two children his ex wife has full custody. now he wants them to come spend time with him over the holidays and his ex-wife says no. Does she has the right to do this.
2 Answers from Attorneys
Re: refusing to let children visit father
In order to get to see his children, he must petition the court to modify the divorce decree. This may be contested by his ex-wife. It would be simpler if they can agree on some visitation, if not be prepared for legal proceedings, possibly time consuming and costly.Custody issues are not easy to resolve.
Re: refusing to let children visit father
If he has no visitation specified in the divorce decree, yes, she has that right. If he wants to see the children he will need to get the Court to order it.
If you (or he) would like help with this, please feel free to get in touch.
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