Legal Question in Family Law in New York
visitation and child support
I filed a petition against the ncp 3 months ago for violation of court order that originated 14 yrs ago. The ncp has filed a cross petition stating that he has been denied visitation when in fact he has never made any attempts to stay in touch in his daughter's life until a couple of months when he was summons for court. He stopped making payments when he quit his job and moved out of state without notifying the SCU since 1991 and he feels that he does not have an financial obligation. My question is the visitation issue seperate from the child support order? Does he still have an obligation and has he violated his order to pay? My next court date will be with a judge instead of support magistrate in which he did not appear to ackowledge my petition instead on the ncp cross petition. If the ncp had a problem with visitation he had the right to file a petition, correct? His cross petition is inaccurate and I have support papers backing me up regarding where I lived (i lived in Fl at the time) and he had that info from the SCU. Do I need to have a lawyer to represent me for the next court date? Thank you for your help and advice.
2 Answers from Attorneys
Re: visitation and child support
you are likely entitled to considerable arrears. I would reccommend an attorney go to court with you call me at 516 466 5297 for a free consultation
Re: visitation and child support
Your right to support should not be affected by his failure to visit, and as you aptly point out, he could have filed a petition to enforce visitation if he had a problem. I would recommend that you have an attorney represent you on this matter. Ifyou would like further information, please call my office to schedule an office or telephone consultation. My number is 518-383-1182.
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