(New York Family Law) Should a visitation denial be negotiated or should it go through family court?

Asked over 4 years ago - Binghamton, NY

The court order states a certain number of days and hours for visitation per week at the mother's parents' residence. It also says it's to be supervised by one of her parents.

Here is the main issue: The child's father calmly said that visitation definitely isn't working. This was said based on what's been observed since visitation initially started. The child's grandfather became menacing, basically forcing the child's father to leave. The father filed a menacing complaint/no charge. The grandfather now demands an apology or no visitation. He's not sensitive to visitation issues. There's been no visitation for 2 weeks now. I did send an email request offering to discuss issues over email. He responded with a condescending rant. I'm at a loss. Should I try once more to work something out?

Additional information

I'm not sure why the mother insists on supervised visits. For the first 5 1/2 months of my daughter's life, I provided care just as much as her mother. She did claim on the initial family court filing that she was the primary caregiver and my assigned counsel took it as fact. The mother filed a family offense petition for harassment/aggravated harassment and a "no merit" order of protection came out of that. The stipulation was supervised visits for some reason. My parents were suggested for my visits and the mother said no in court. The mother did take a MDD/GAD drug for years and does see a psychologist. Something about anxiety issues is all I know. I never really asked for details. To the best of my knowledge, there is nothing to justify the actions.

Attorney answers (3)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . If you can, resolve it through negotiation. If not, you'll have to return to court.

  2. Diane L. Mader

    Contributor Level 11

    2

    Lawyers agree

    Answered . Attempting to work things out through mediation is faster and cheaper than returning to court. It sounds like you are open to trying once more to work something out and there is certainly nothing to loss by trying and much to potentially gain.

    If mediation does not work, you will need to return to court but in this type of child issue, the more you can decrease conflict and avoid court, the better.

    Disclaimer: This answer does not create an attorney client relationship or constitute legal advice and shall not be relied on as same.

  3. James Thomas Neavitt

    Contributor Level 5

    2

    Lawyers agree

    Answered . I would request that some type of mediation with family Court services or a trained therapist. If that is refused I would file a motion requesting that the Court assign other persons to supervise the visit. Nothing is question explains the reason for the need for the supervised visits, which would be useful information

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,091 answers this week

2,962 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,091 answers this week

2,962 attorneys answering