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posted to Family Law Attorneys on 01/25/10 12:54 AM, Yonkers, NY 10710

Hi,
I have a 2 year old daughter with a man I was never married to. We live in separate states I live in New York he lives in Maryland/Virginia. We had a child support order of $50 a month which was recently raised to $75. He is on her birth certificate but we have no order of visitation. I have been the one who brings her to see him whenever possible he refuses to come to New York to visit her. He has never spent more than a few days with her each visit and only 2 days with her by himself. I say all this because he has recently been threatening to take me to court for visitation and I am not sure exactly what that would entail as far as would I have to bring her to him which is starting to become very costly or would he have to come see her. I would like to find a good family law attorney in my area who works with visitation cases so that I could be prepared. I have no problem with him visiting her but im not comfortable with his living situation and his temper/ drug and alcohol use. If at all possible would there be a way I could request supervised visits or some kind of social worker to my sure his situation is safe and stable enough for my daughter because she a handful and with his temper and the short amount of time they have spent together I am worried.

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Answered By

Law Office of Allan Wolk, 01/25/10 10:05 AM

Law Office of Allan Wolk
96 Third Street
New City, NY 10956
845-634-8179
awlegal@aol.com

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Hello,

Based on what you are telling me, he, at the moment, since there is no court order, has no legal right to visitation. He would have to file for visitation in New York. I believe that based on his history and his drug and alcohol use, the court would allow only limited supervised visitation in New York. You have a very strong case. I am a matrimonial and family law attorney and have dealt with this type of case. In addition, my wife, a social worker, and I practice divorce mediation. Please feel free to call me, (845) 634 8179 for a free telephone consultation.

Sincerely, Allan Wolk, Attorney

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