Q: I have an order of protection against my girlfriend, but would like to be able to see my baby. How can I do it?
We had a domestic dispute last fall and she stabbed me. This was in Auburn NY. I have since moved back to the Bronx. She had our baby in June. She is in touch by text with my mom, but not me. She is open to visitation but in March, the judge in Auburn finalized an order of protection for 5 years. I never received a copy or knew of the hearing. She sent my mom a picture of it. It is a stay-away order for 5 years, meaning she needs to stay away from me. I would like to arrange some kind of supervised visitation. How do I do that?
A: You can file for a modification to allow visitation, usually at a designated place. Talk to an attorney.
A: You may file for an Order of Custody and Visitation in the County where the child resides if you are listed in the birth certificate. If not, you may need to start with a Petition for a determination of paternity then move on to custody/visitation. While the Order of Protection is in place, you may seek to have an exception carved out for communication only to effectuate/plan parenting time. You may also request that transfers of the child during visitation occur in the presence of a third party and/or in a public place. There are options for you. You should contact an attorney to discuss your rights. We practice throughout the state and handle matters like yours all the time. Do not delay as she will likely use that as a weapon against you claiming abandonment of the child.
1 user found this answer helpful
A: You would retain counsel and get a carve out to visit the children. You should consider speaking to, and retaining counsel.
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