The Bronx, NY asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York

Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume alcohol 12 hours before her visit with my son. Yesterday she consumed alcohol at the visit during dinner. She is a violent alcoholic and this is why she was prohibited from drinking before visits and partially why she has supervised visits once a month.

She also told me son not to listen to me.

What can I do to make sure this stops? What steps need to be taken?

I am going to pursue a violation of the court order and I'd like a modification. What is your recommendation?

2 Lawyer Answers
Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • Criminal Law Lawyer
  • ALBANY, NY
  • Licensed in New York

A: You should file a violation petition with the court and perhaps a modification petition to change the supervisor of the visits.

David Ivan Bliven
David Ivan Bliven
Answered
  • Domestic Violence Lawyer
  • White Plains, NY
  • Licensed in New York

A: You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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