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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.