Will a judge force me to turn my son over for unsupervised visits? 1 Answers as of March 11, 2011My question is concerning visitation and custody laws in NYS. I am an unwed parent, there is currently no visitation or custody order in place. The child’s father is a drug dealer and has never been consistent in our son's life. (here for 3 weeks, gone for 4 months, etc.) Now he is demanding visitation but I won't allow my son to go unsupervised because of his dangerous lifestyle. I was told by local law enforcement that if my son is with this man when he gets caught, he will be taken to foster care and I will have to fight CPS in court to get him back. My question is legally do I have to allow this man to see my son at all without a court order? He is threatening me with court. will a judge be more likely to see things my way, or rule more in the father's favor, in spite the fact he has an extensive arrest record (non-violent crimes) and is a felon (for selling drugs). Will a judge force me to turn my son over for unsupervised visits?
Theodore W. Robinson, P.C. | Theodore W. Robinson
I suggest you avoid giving visits to him as long as he's a drug dealer. Let the matter go before a Judge and let them know about the problems and perhaps even the drug dealing. That may trigger an investigation into the father, but that's his problem and if what you tell them is borne out by the investigation, then you won't have to turn your son over to him.
Answer Applies to: New York