New York, NY asked in Family Law for New York

Q: If my toddler is refusing visitation with grandparent do I have to force him ?

Toddler does not know grandparent and has never had relationship with said person . They are forcing it via court . If toddler is screaming , crying , throwing up not to go due to fear , do I still have to send toddler ? To avoid them claiming im keeping toddler away

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1 Lawyer Answer
Peter Christopher Lomtevas
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Answered
  • Schenectady, NY
  • Licensed in New York

A: After reading this article, we can take a stab at answering this question:

https://www.law.com/newyorklawjournal/2023/01/03/a-dehumanizing-place-new-york-citys-family-courts-are-in-crisis-and-need-more-judges-state-panel-reports/?slreturn=20230012122510

This article indicates that parents are treated as if they were pigs led to slaughter in a New York Family Court. The judiciary is hand-picked to implement political fads that are baked into the state's statutes such as the Family Court Act. It's a delusional outcome everyone can expect, and this asker faces tragedy if she is unrepresented.

Facts like the child does not want to visit grandma mean absolutely nothing. The court creates the outcome up front, and then guides the factual development to get what it wants. If the losing parent refuses to tag along, the matter is extended for years to get the losing parent to surrender.

In all fairness, New York State family courts are among the nation's better courts. California is a horror show with its pro tempere judges practicing law before the courts where they sit, and Pennsylvania where political ideology comes first and is always upheld on appeal. In Iowa, men lose everything and in Georgia, children matter for little.

The press should investigate those states, and then the public should count their blessings that in New York, enough vocal parents have made a slight if perceptible difference despite the fetid environment in its court apparatus. Thus, if this asker wants to know a better response to her question, she should see an attorney, retain him, and stick with him through thick and thin.

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