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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7408
Experience:  Experienced Family Law Attorney
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My ex is married and has s own family. Just because I filed

Customer Question

my ex is married and has his own family. Just because I filed for the child support recently he is asking for visitation which he didn't ask at the time of custody. I have sole custody of our child. He lives in a different state. he has been completely
absent from our child's life. No contact or interaction in any direct or indirect form. he only has access to the documents as per the custody document. I want to watch for the best interest of the child. How can I be careful with his visitations so it doesnt
effect my son?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

The court, when considering requests for modification of child custody/visitation, will look to the best interests of the child. So, in the case of an absentee parent, the court will look to see what the parent's motivations are in all of a sudden requesting visitation. Because visitation with essentially a stranger can be uncomfortable and frightening for the child, the court may even order supervised visitation: https://www.childsupport.ny.gov/dcse/access_visitation.html

Also, the court, if they do grant visitation, will likely do so in small increments - a few hours at a time- so that the child may become use to the absent parent. This assumes that the parent is a fit and suitable parent. If the relationship progresses, the court will gradually increase visitation time. If the child is older (generally 12 +) the courts will often ask the child's opinion on the matter and take that into consideration.

Expert:  LegalGems replied 1 year ago.

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