I am a private Family Court Lawyer with an office in Brooklyn, New York City. My number is 718 864 2011. I will put my many years of Family Law experience to work into fighting for you!
Many parents feel a great deal of guilt over the way their marriage or relationship with their significant other ended. When there are kids involved, this may complicate the situation.
Furthermore, a custodial parent may try to turn your child or children against you or may refuse to let you see your children. Do these circumstances apply to you?
The court sometimes has to step in when children are being put in the middle of “grown up” relationship problems. As long as the non-custodial parent is fit, the Courts quickly give non-custodial parents reasonable visitation rights with their children. The courts will not deprive a biological parent reasonable and meaningful access to their children unless there are exceptional circumstances (such as there is substantial evidence that visitation would be detrimental to the welfare of the child or that a parent in some manner has forfeited his or her right to such access) to do so.
Furthermore in a case where the custodial parent deliberately frustrates or actively interferes with the the other parent’s parental access rights the Court has the power to change custody because it is in the best interest of the child to have a meaningful relationship with the non-custodial parent.
In certain circumstances where the custodial parent seemingly disappears off the face of the earth, it may be your best interests to file an Order to Show Cause in New York Family Court demanding that she present the child so you can make sure that the child is safe. An Order to Show Cause gets you in Court a lot quicker than just filing a Petition and is filed under emergency circumstances.
When the child is able to express him or herself verbally, the court will appoint a lawyer for the child. The lawyer for the child will ask the child his or her preferences for visitation and/or custody. The child’s opinion is especially considered by the Court during the child’s teenage years, when a child is best able to make a rational decision about his or her preferences. In cases where the child doesn’t want to see you because the other parent has alienated the child from you by talking bad about you and putting negative thoughts in a child’s head you may need to request a forensic evaluation to get to the bottom of why the child doesn’t want to see you.
In conclusion, the Courts want to see that the relationship between a child and the non-custodial parent grows and are generally against interfering with the development of the relationship between the non-custodial parent and their children. Fight for your rights as a parent and get involved in the lives of your children! Do not take a passive role! Contact me for a free phone consultation at 718 864 2011.
George M. Gilmer, Esq.
http://www.gilmerlegal.com
Please be advised that this is Attorney Advertising. This Advertisement is designed for general information only. The information presented in this Ad should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship.