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The father of my two girls is trying to get visitation rights. How can i have him get only supervised visits?

New York, NY |

The father of my children has abused me for 3 years in front of both my girls. I have a DV case against him at the moment. This is the second case in a year. I have my kids with me and i am afraid he is not going to treat them right or may harm them. His house is infested with mice and after everything he put me through, i just don't trust he will not harm the children. Is there any way i can either get full custody or have him get supervised visits with the children?

Attorney Answers 3

Posted

An analysis of whether you can get full custody and/or supervised visitation involves a detailed assessment of your individual facts. If you were the primary parent to the children, then same is a big factor in your favor. Moreover, domestic violence (which is proven to have taken place) is a specific factor the Court must take into consideration on either the custody issue, or in deciding whether to have his visits supervised versus unsupervised. That said, I highly suggest that you follow-up by scheduling a consultation with a NYC Divorce attorney.

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Posted

Yes, retain an attorney to file a Petition for Custody and then your attorney will request supervised visits.

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2 comments

Asker

Posted

Do i have to pay for an attorney and if so, I have no money for one. Does the court give you an attorney if it's just for custody of the children?

Edwin Drantivy

Edwin Drantivy

Posted

It is your choice whether to pay for an attorney or not. Call the Legal Aid Society if you cannot afford an attorney.

Posted

This is a difficult question.

The more you fight his petition for custody, the more you expose yourself to court scrutiny by way of a custodial evaluator (a licensed psychologist) and a law guardian (attorney for the kids). Hopefully you are a fit parent.

The central issue in your case I see is that you nailed him for domestic violence and he is paying you back with a demand for visitation. You'll have to lay on thick the story about "abuse" and he'll lay on thick your problems with the kids. It sounds like a dance that will lead off the cliff.

We cannot advise you how to foul up his efforts as that would be against our rules of ethics. People have complained about lawyers for years and rules of ethics govern us as never before. It has to be a fair fight with court personnel developing the case and you and he presenting your facts. Many women complain that fathers are getting away with too much in family court but I can say I see women doing very well as well. It is up to a court.

Good luck.

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