Determining Custody

[lilsister]

I recall reading on here that among other things, a judge determines custody and usually grants it to the parent most likely to foster a positive relationship between the child and the NCP.

What happens if CP is not fostering that relationship, but in essence is harming that relationship? I've been told that's grounds for a reversal of custody. What evidence exactly would a judge need to see to make that decision? Would it have to be chronic denial of visitation, phone calls, etc. Or would there have to be forensics evidence/tests, therapy? Does the child have any say in it? In NY.

 

[jeanine]

I've read the same here. I think if you have enough evidence to prove that the CP is purposely interfering with visitation, the judge will not take it lightly. If there is a visitation order in place, the CP is in contempt of court.

 

[tigger22472]

If I'm not mistaken this poster is not the NCP, she is the sister and says her mother isn't taking care of her brother properly.

 

[buka]

Denial of visitation would definitely be grounds for a judge to reevaluate the custody arrangement. Of course, that does not guarantee that custody will be reversed.
Ideally, you would have witnesses of the visitation denial and tapes of the phone calls where your ex stated you could not speak to your children or that you would not be allowed to see them. Most people don't have those things, however, so it's important that you keep a journal documenting every incident you've had where your ex has interfered with your relationship with your kids. Judges do not take kindly to a CP denying an NCP visitation.

 

[lilsister]

I am the sister of an NCP who is being denied visitation of his child. And he documents EVERYTHING. Up the ying-yang actually. He has plenty of witnesses too. He never attempts to pick up the child alone. He either has the police accompany him or a family member - including myself. I am also a CP having my own set of problems. This post was for my brother.

 

[jeanine]

Lilsister, I think you have more info than you know. I just saw an answer you gave to Tigger in a post about visitation and doing it pro se. You answered most of your own questions in that posting!

 

[lilsister]

I was just passing on the same info I've gotten from these very boards. I was hoping for an attorney to answer my post. Not that I don't appreciate all the insight from you lovely people, I just don't know what's fact and what's speculation here. I know my posts are mostly speculation since I am not an atty. I share what I've picked up but when it comes down to it, I just don't know.

 

[tigger22472]

I apologize for the misunderstanding I confused you with another poster.

 

[LegalBeagle]

If you can prove a pattern of denial then your bother can haul her ass into court for contempt. If she continues to deny visitation despite being ordered to comply, then he has a very good opportunity to petition for custody. File an Order to Show Cause for visitation obstruction first.. A custody petition would carry more weight if he has two OSC behind him and she is still denying him visitation.