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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26320
Experience:  16 yrs. of experience including family law.
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What basic rights does a child have at the age of 14 months

Resolved Question:

What basic rights does a child have at the age of 14 months in a custody/visitation battle?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Sorry....not sure I understand your question. You want to know if a toddler has the right to address the court?
Customer: replied 1 year ago.

No... basic rights, such as right to have access to 2 parents... right to communicate with his father...

Expert:  P. Simmons replied 1 year ago.
Thank you

I want to verify, this is in NY? Both parents in NY state?
Customer: replied 1 year ago.

Yes

Expert:  P. Simmons replied 1 year ago.
Thank you

NY law is clear on this...they do view the issues a "child rights"...but it is in terms of "what is best for the child" in the eyes of the family court judge.

The court will decide custody issues based on one thing...one thing only. "What is best for the child". NOT what is best for mom, or dad, or really anyone/thing else. The court is concerned about the child.
Now, in most cases, the court will find its best if BOTH parents are in the child life...in fact the court presume this. But the court will listen to evidence to determine how to divvy up custody. SO if there is evidence that the child is better off with one parent or another, they will consider this.

As a toddler, the court will not listen to the child...they are too young. When they reach teenage years, the court will begin to take input from them on their needs/desires. But prior to that, the court will decide this on its own, based on evidence presented from the parents.

So, in your case, if the mom is not allowing access to the child, or communications with the child, then your recourse is to file a motion with the court. The court has the power to order mom to allow you access to the child, including communication. THe court will base the order on what is best for the child (again, in the eyes of the court)

BotXXXXX XXXXXne: if you believe that the mom is not doing what is best for the child, you can file a motion with the court and have your lawyer present evidence to the court and ask the court to order more access to the child


Let me know if you have more questions....happy to assist if I can
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26320
Experience: 16 yrs. of experience including family law.
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