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I am currently in the process of going through the visitation process in the courts in New York. Visitation was first awarded as Supervised visits with the biological father and the the child because of the fact he did not see the child for the first five years of the child's life, now we are at unsupervised day visits every other weekend. We are supposed to go to trial this coming week if we cannot settle, however, when he was putting out there what he was willing to settle for we are in agreement on every other weekend, and arragnements for holidays, now he wants to add in there that if my husband and I should move out of state I relinquish custody of the child to him or my mother here in NY, my husband is military and we have no plans on leaving, but I'm kind of worried if a Judge would allow this to be put into a visitation agreement. Or during this visitation are we establishing custody as well? He also wants to add in there that when our child reaches legal age and if he desires to then the child can move in with him. I don't want these items in a visitation agreement, nor do I think it's fair to put in there that if we have to move then I can't take my child with me, would this be allowed to be added to a visitation agreement? Are we establishing custody as well as visitation? The docket numbers all start with a V which indicates vistitation, and the original petition states its a visitation petition and doesn't mention anything regarding custody. Please help!!

Edited by X_XXXXX on 6/20/2008 at 7:57 AM

Submitted: 521 days ago.

Category: Family Law

Value: $15

Status: CLOSED

Optional Information:
New York

Posted by FLAandNYLawyer 521 days ago.

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I may be able to assist you. What is your question?

520 days and 23 hours ago.

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Sorry it posted without details, I have made sure those are up there.

Posted by FLAandNYLawyer 520 days and 23 hours ago.

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Hello,

Thank you for your question. I am happy to assist you.

Generally speaking and based only on the information contained in your post, the judge may address anything concerning the best interests of your child. However, typically a judge would not change custody at a visitation hearing.
If the issue of custody is addressed at the hearing, it would be unlikely that a judge would agree that a change be made from unsupervised day visits every other weekend to a forfeiture of custody based upon unknown facts in the future.
Typically, a judge will order that the custodial parent remain in the state or particular area unless there is a further order of the court. If this is the judge's order you will have to petition the court for a modification if and when you decide to move.

I hope that the information which I provided was helpful to you.

If you would like any additional information, you can start your new question off with: This question is for FLANDNYLAWYER.

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520 days and 23 hours ago.

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Right while understanding that its all based off the best interests of the child, I'm not seeing where that would be beneficial to take him out of a household with mom and "dad" and put him with his biological father in which he calls by his first name. Hopefully a judge would have the same opinion.

Do you believe that the Court or our Attorney's for that matter (his and mine) would allow a stipulation such as that be put into an agreement not knowing what the future holds, or would it be more likely we would add something along the lines of..."if in the future the situation arises where I have to move out of state then we will come back to court and make modifications as necessary for the best interest of the child" as opposed to stating that I have to relinquish custody if we have to move, granted we have no intentions on moving at all...but that is not something I want to commit myself to, I thought if that was the situation I would have to petition the court to leave the state and make and be responsible for arrangments of visitation of the child with his biological father.

You state the Judge will not typically change custody at a visitation hearing, however, in this situation Custody was never determined in the courts because the child resided with me from day one of his life, and the biological father had nothing to do with him for five years, so I'm not even sure who has custody, or if there is custody to "change"?

Answer

Hello,

My comments are in blue.
Right while understanding that its all based off the best interests of the child, I'm not seeing where that would be beneficial to take him out of a household with mom and "dad" and put him with his biological father in which he calls by his first name. Hopefully a judge would have the same opinion. I agree with your opinion. The judge focuses on what is best for the child. You may want to voice your opinions in terms of the child, ie my child has not developed a bond with the father and considers him a stranger due to the amount of time he has been voluntarily absent from the child's life. The effect on my child is....

Do you believe that the Court or our Attorney's for that matter (his and mine) would allow a stipulation such as that be put into an agreement not knowing what the future holds, or would it be more likely we would add something along the lines of..."if in the future the situation arises where I have to move out of state then we will come back to court and make modifications as necessary for the best interest of the child" as opposed to stating that I have to relinquish custody if we have to move, granted we have no intentions on moving at all...but that is not something I want to commit myself to, I thought if that was the situation I would have to petition the court to leave the state and make and be responsible for arrangments of visitation of the child with his biological father.
Typically, a judge will order that the custodial parent remain in the state or particular area unless there is a further order of the court. If this is the judge's order you will have to petition the court for a modification if and when you decide to move.

You state the Judge will not typically change custody at a visitation hearing, however, in this situation Custody was never determined in the courts because the child resided with me from day one of his life, and the biological father had nothing to do with him for five years, so I'm not even sure who has custody, or if there is custody to "change"? Have your attorney review the visitation order. You may have full custody as the visitation order probably applies to the "concustodial parent".
I hope that this helps.
If you have additinal questions, you can ask for me by name.

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Expert:	FLAandNYLawyer
Pos. Feedback:	98.3 %
Answered:	6/20/2008

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