How can a Court accept an "Affidavit..." that states "affirms the following under penalty of perjury" but it's not notarized?

I suggest you review CPLR 2106 which can be found at: http://www.newyorkcplr.com/2106.php

If he refuses the day visit and I deny the overnight will I get fined or something for doing whats in best interest of my child?

I suggest you file a modification petition without delay if you feel the current court ordered visitation is not in your son's best interest. You...

Am I able to seek an order of protection or restraining order against someone who has one on me?

It does not sound like you have grounds to obtain an order protection.However, you should consider having your lawyer take a closer look at the issue.

Could he be facing any charges ?

Pursuantvto Penal Law 120.15, a person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or...

My minor son was physically assaulted. Leaving visible cuts on his face. What recourse do I have?

You might want to look into possibly filing a famy offense petition....

What to do about the threats of a mentally sick person?

If you are referring to an adult living in New York, I suggest you review the information found...

What are the chances of a judge modifying a visitation order?

What has changed since the entry of the original custody order?

Should i apply for custody now? or pay child support and apply at a later date

Do you believe it would be in your child's best interest if you were granted custody at this time? If so, you should seek custody now.

It sounds like they would would have little or no evidentiary value since New York is basically a no fuault divorce state. But, let your lawyer...

Is there a legalese way to describe responding to a combative tone with the same? In a certification that is.

You should not be replying to anything outside of court other than your attorney's questions. Let your attorney handle it.