Saturday, June 22, 2013

Can a father fight for visitation after losing it the first time from not complying?

Q:  My daughter's father and I was in court for abuse. He had punched me in my face. Long story short he and I was in family court so he can get visitation. He failed to comply. He would come when he wanted and didn't want to come to an agreement my lawyer and I came to about holidays and weekends and meet up point. He failed to come to trial due to an issue which wasn't important and didn't call the courts to see if he had to come another day. I was granted my order of protection for 5 years and I won my sole custody case against him. He then later pops up at my house to see the baby knowing there is an order protection. Now I have a temporary criminal order of protection and act as a witness for him breaking the order. Can he fight for visitation after all this and win it?

A:  David's Answer:  The answer is likely yes, but with the major proviso that the Court will also likely make his visitation supervised based on the facts you've presented. The question becomes whether he was served (via process server, police or Sherriff) with the final order of custody & final order of protection which were issued on his default. If there is no proof he was served, then it's arguable he can't be found guilty of violating orders he wasn't aware of (unless they were continuations of prior orders). In any event, I highly suggest that you schedule a free consultation for a Bronx Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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