Fathers right for visitation in NY?
hello
I need advice my fiance has 4 children w/a bitter woman she is on Public assistance he pays child support for 2 of his children I am not sure she have reported the other children, he tries to see the children but she basically extorts him, if he does not give her money he can not see them. He took a petition for visitation rights but we do not have money for a advocate she gets a lawyer as well as the children. Mind you she does not work. Anyway she is coaching the children to articulate that they dont want to see him cause she is bitter that he left her. I feel close to he should not go to court w/out legal repesentation but we can not afford one. what are his rights and can anyone give some insight to this situation as to what we should do?
ACS have already visit our home. We are just waiting for the court date.
Depending on where you live in NY you might try Neighborhood officially recognized service or Volunteer Lawerys or get a hold of the local bar assc. and they can point you you in the direction of legalized services for low income families. You might also want to request the court for a Law Guardian for the kids.
Go t family court you donot need a lawyer for house court visitation. He is entitled to see his children as long as he pays child support. I think the cost to file the paperwork is less later 10.00.Go to the court lerk ask for a petion of visitation. ood Luck i hope all works out well. When you go to court for the first appearance you will be given the opportunity to hold an attorney, and if you don't have one do to lack of funds, you can request the help of assigned counsel or public champion. This will stall the preceeding for a few weeks but at least you have a knowledgable person on your side. Hope that help.
I think the courts can provide you near a list of lawyers who don't charge too high. It's your right to be represented contained by court.
The children "not wanting" to go on visitation with the father really makes no difference. If she uses this surrounded by court, she will need to have the children tell the regard as being this (in his chambers without her there). If he is paying support, he should have visitation. I don't know how he could be paying for solitary 2 of 4 children. Having an attorney is best, but only you know why you can't afford one. and the legalities of this are complex in your sensitive matter that it may pilfer only legal intervention to help. it must be difficult for you to even write nearly this. i wish you the best.
You can go to your local court house to see if they have a PRO BONO list of attorneys that can sustain you. Or see if there are any programs with legal assistance. i know that by canon visitations is a given, even if he didn't pay for child support she is bound for that visitation if you have a court order indicating such visitation you can shift to the Police Department and show them your orders and have them assist you to pick up your children. Good Luck and Bless you, the one thing you must other remember is childre grow up and everything you say and do in front of them will always be next to them. ok visitation is set out in his court orders right? well he wants to go get them or attempt to and he can call the local pd for a "civil standby" saw that he is wantiing to get his kids and doesnt want to have a problem. he needs to ahve a CERTIFIED copy of the instructions statin it is his weekend, then if she refuses to give up the babies, he can sue for "Enforcement of Access nad Possession" he will eb competent to ask for all the time her missed due to her as makeup/additional time. he really does need an atty to help him tho. look into legally recognized aid in your state, and there should be a list soemwhere for pro bonon attys also
hope this help
