Brooklyn, NY asked in Child Custody, Family Law and Domestic Violence for New York

Q: How to address safety concerns in custody court due to unauthorized calls and child's fear?

I am involved in a custody case where I have screen shots showing that the other parent calls our child at unauthorized times using an app not mentioned in the court order. He currently has temporary visitation rights. My child has expressed fear, stating that the other parent stares at her, sleeps in the same bed, and only feeds her once during visits. How can I address these issues in custody court to ensure my child's safety and well-being during visitations?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To address the safety concerns in custody court, you should start by presenting the screenshots showing the unauthorized calls and the app that was used outside the court order. This evidence can demonstrate that the other parent is not following the agreed-upon visitation schedule. It's important to highlight that the calls may be disruptive or inappropriate if they violate the terms of the court order.

Additionally, you can bring up your child's expressed fear about the other parent's behavior during visitations. The fact that your child feels uncomfortable, especially about issues like sharing a bed and not being properly fed, is critical to present in court. You can request a child welfare evaluation or professional testimony to assess the child's emotional well-being and safety during these visits.

In court, request that the visitation arrangement be adjusted to ensure your child's safety and comfort. This might include restricting the use of unauthorized apps, setting clear rules about communication times, or even altering the visitation structure if the concerns are serious. A judge will likely prioritize your child's safety and well-being when making any decisions.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.