What can I do if I don't agree with a family court judges decision on visitation?

Asked about 2 years ago - Rochester, NY

In august of 2011 my ex husband was arrest on violation of an order of protection. when that occurred I was issued a new order not allowing for contact of any kind and the judge in idv court said he was not to see the children which kept him from being able to have his origianl court appointed visitation. In October of 2011 he filed violation charges against me in family court. At this court appearance the new judge gave him back his visitation and forced me to makeup all the time he missed. There were several occasions were the children (ages 7 and 12) refused to go with the father even when dragged out of the house to him. My ex then filed more charges. During our recent court appearance the judge now granted him overnights even though the childrens law guardian and counselors oppose

Attorney answers (3)

  1. Lawrence Allen Weinreich

    Contributor Level 18

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    Answered . If the order of protection did not say that your ex was to stay away from the children, there isn't much you can do about the makeup time. However, if the children's lawyer and their counselor don't fee that visitation is in the best interests of the children at this time you would have to immediately file an appeal of the judge's decision and ask for a stay of the order of visitation based upon the law guardian's and counselor's positions. You can then bring a petition for a change of vistation in family court or a motion in supreme court to change the visitation. If you go to supreme court you can also move to consolidate the family court proceedings into the supreme court. Discuss all of the ins and outs with your attorney.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . Move to re-argue or appeal.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Virginia Giselle Alvarez

    Contributor Level 16

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    Answered . If the order was clear regarding his not being able to have contact with even the children then I am not sure why the Judge has ruled this way. Your attorney can file an appeal but there is a certain amount of time in which they may do so.

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is... more

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