I got served with papers consering my visitation with my daughter,

Asked almost 2 years ago - Glens Falls, NY

My mom is suposed to supervise the visit's we have been doing this for 5 yrs in the last 2 months my mom was sick twice threfore I had my daughter by my self, now her mothe is takng me to court I ,m scared and don't know what to expect, I don't have the money to hire a lawyler. will the Judge stop me from seeing her?

Attorney answers (3)

  1. Maria C. Tebano

    Contributor Level 15


    Lawyers agree

    Answered . No, the judge should not stop you from seeing your daughter. Whether she filed a violation or modification petition, you will be able to explain the stituation underlying your failure to have your parenting time supervised. I am not sure why your time is being supervised, but if this is the schedule you have had for 5 years, you may no longer need supervised parenting time. If she has already filed, you shuold take this opportunity to cross petition for more parenting time and to have the supervision part of your custody order lifted. Hope this helps.

  2. Jack Richard Lebowitz


    Contributor Level 18


    Lawyers agree

    Answered . It's possible, but if you have been having supervised visits for over five years without incident, nothing "bad" happened when your mother was not present, and you have a good "excuse" with your mother's absence, it may not be a problem. You haven't presented enough facts to make a good prediction here.

    Supervised visitation is an unusual requirement. What led to it being put in the Visitation Order in the first place? Was it something about your reputation, criminal history, drug /alcohol abuse or other factors which suggested the your visitation did not have the child in a safe and wholesome environment? Has CPS been involved with you and your child? Are there allegations of abuse or unsafe conditions? How old is this child (in elementary school, high school)? Is the child troubled or special needs? Does the child want to visit with you or are the visits compelled? What does the child say to his mother about the visits? Are you current with any child support obligations, and attempting to be as cooperative with the mother as possible?

    If the answers to those questions are that visitation does not seem to be required, you will probably not be found in violation and the visitation order could even be modified to remove the supervision requirement. Also, an attorney for the child will usually be appointed to speak for the child and interview them privately, so if the child enjoys and wants the visits this could be a plus, especially if the child is a teenager who has more "say" in custody and visitation matters.

    Lastly, depending on your income levels, you may be eligible for the assigned counsel program representation. Assuming the mother is also in Warren County and that's the court where the visitation order was issued, you would apply in Warren County (or whatever county that issued the current visitation order or where the custodial parent has been residing with the child for at least six months). They are located in the County Municipal center and their hours are 9-12 M-F, you must apply personally and bring proof of income. More information and application forms are available at the link below.

  3. Howard A. Schwartz

    Contributor Level 20


    Lawyers agree

    Answered . It is highly unlikely visitation will be stopped. You could request a modification of the order allowing for unsupervised visitation. If you are found eligible you may receive court appointed counsel. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more

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