Legal Question in Family Law in New York

Visitation requirements

I am dating a gentleman who has been divorced for 7 years. He has 2 children and has visitation alternate weekends. His exspouse is extremely vindictive and trys to keep the children away. Anyway, he is currently residing with someone and would like to move however he is afraid his exwife will take visitation away. I am not sure what the requirements are for weekend visits regarding the accomodations. I know the children must be safe and have a bed and food however, he is afraid that she will take him to court and prevent him from seeing his children. Please help with whatever information you can. We are already building a case on parental alienation however, we would like to know the legal requirements for overnight visits.


Asked on 4/03/04, 7:01 pm

3 Answers from Attorneys
richard feldman richard d. feldman

Re: Visitation requirements

the best interests of the child always comes first. You must be agressive you can call me for free consultation at 212 683 8677

Read more
Answered on 4/04/04, 2:02 pm
Seth Kaufman Seth M. Kaufman

Re: Visitation requirements

I disagree with the comments offered by lawyers Feldman and Okyere. The custody/visitation order can only be revisited if there is a substantial change of circumstances, and then the best interests test will apply. If the new apartment is less suitable, then the mother might be able to open up the whole arrangement for review. A lot depends on the language of the order and the circumstances under which it was made. Feel free to call me at 212-367-9167 to discuss.

Read more
Answered on 4/06/04, 10:32 pm
Charles Okyere Charles okyere Esq

Re: Visitation requirements

Visitation is a right which can only be denied the non-custodial parent when there is substantial evidence that such visitation will be harmful to the child. By moving from one home to the other within the same State will not cause him to lose this right. If his ex-spouse tries to take this right from him he can apply to the court for an order defining the visitation. Violation of this court order will result in the custodial parent being held in contempt of court.

You may want to speak to an attorney. You can call me on (718) 715-0514 to discuss this issue further or any other legal matters.

Read more
Answered on 4/03/04, 7:46 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York