New York, NY asked in Family Law for New York

Q: I had a friend serve my child’s father the child support papers ever since then I’ve been receiving threats

And people are mentioning my child . I am scared for me and my children safety. What should I do ? And can he ask for visitation if the petition was filed for Support only ?

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Answered

A: Support parts in Family Court do not address visitation matters. That would go to a different Judge. If you are receiving threats and fear for your safety, you may file for an order of protection. You might want to speak to an attorney.

1 user found this answer helpful

A: This question reveals how government inspires a family fight where the child suffers and the state benefits. Parents take turns winning over time.

Going to government for help is never a good idea. The asker filed for child support and had the father served. Now the father must respond and he will have to pay support pursuant to an order of support. He will retaliate with a custody petition and eventually settle for visitation. He will be the tail that wags the dog.

The asker can file for an order of protection and bring significant legal exposure to the fahter in the short term. Eventually, the father will turn the tables and the asker will endure significant legal exposure.

The best response to this question lies in a lawyer's office with whom the asker must engage. Facing government in one of its courts is an invitation to disaster which a lawyer can mitigate to some extent.

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