Wednesday, October 29, 2014

The non custodial parent lied when filing a visitation petition. How does the judge look at the situation?

Q:  I denied visitation (out of state) based on the fact that the nc parent physically abused the child when I did let the child go away (out of state). now the nc parent filed for petition (after many years) and lied and said that it is always a problem when it is time for the nc parent to see the child (LIE). Would a judge grant visitation in my home state or would the judge force me to let my child go out of state? I will go see a lawyer soon but was just curious. Currently there is no visitation order.

A:  David's Answer:   Generally if the noncustodial parent lives out-of-state the Judge will permit visits in the noncustodial parent's state. There are many exceptions to this, however, and more facts would be needed on: age of child, child's preferences (if old enough), the circumstances & ability to prove the past abuse as well as the length of time the other parent has gone without seeing the child. Schedule a consult with a NYC Child Custody lawyer for a full assessment.   -- David Bliven, Bronx Child Custody attorney (

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