QUESTION
Does my ex-husband have the right to have our child overnight on weekends?
Asked on Jan 15th, 2014 on Child Custody - New York
More details to this question:
We have been separated for nearly three years and I have both legal and physical custody of our child and per our separation agreement visitation is arranged by me. He has not been particularly involved and more or less appears every four to six weeks and spends around 7 hours with our child. Every now and then the topic arises that he would like to have her over the entire weekend. However, he lives together with 6 other individuals and our child would not have her own room. Our child is 7 and I don't believe this is a suitable environment for a young child, especially since the relationship between the two is not very close and his visitation has been sporadic at best. Does he have the right to have her overnight given his living situation?
1 ANSWER
Divorce Attorney serving Astoria, NY
at
Richardson Legal PLLC
Update Your Profile
It sounds like you have the right to set visitation based on what you deem reasonable. Show your agreement to a lawyer in person to get a better answer. But if the agreement says you provide reasonable visitation, then you can deny him overnights until he changes the situation. If he isn't happy, he can file a petition to modify his visitation, but it sounds like he might have a difficult time convincing a court that he should have overnights. Good luck.
Answered on Jan 24th, 2014 at 6:35 PM