Legal Question in Family Law in New York

Visistation

My girlfriend and I recently broke up. We have a 2 year old child and she won't let me see her. She says I smoke pot. I know it's more of a control thing , she thinks she owns the child because we are not married. I love my child and never have and never will smoke pot around my child. I do no other drugs or alcohol Next week I'm petitioning the court for visitation and I want to be prepared. Do you think the court will allow me visitation because I smoke pot ? If the answer is no, then what if my parents were present at all times when my child is visiting. By the way, I live at home with my parents


Asked on 6/28/08, 12:05 pm

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Re: Visistation

The first thing I would do is get an attorney, if you can afford a private attorney, that is the best way to go, they will have more time to devote to your case. If you truly can not afford an attorney you can make an application to the court to have a court appointed attorney appointed to your case.

First, you must stop smoking. If you ever want to have unsupervised visitation with your child, you must stop and stop for a considerable period of time. Next, you will need to show the court that you can be a responsible parent. You can get supervised visitation with your parents being the supervisor but that is up to the court and the court will determine if your parents are sutable to be the supervisors.

Call an attorney if you truly want a reasonable outcome.

If you would like a free telephone consultation you can call my office at 516.746.4747 or contact me at [email protected]

Joel R. Salinger, Esq.

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Answered on 6/28/08, 3:12 pm


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