Q: The father has visitation rights through court. The child does not want to see him anymore because he has gotten violent towards her. The court papers are over ten years old, and we never went back to court. We just continued the schedule on our own. He will not see her unless they are alone, but my child doesn’t want that. She has already went to the police for a report, but he will not give up his rights to her. If the papers are in fact expired, could I possibly have sole custody without going to court?
A: Custody/Visitation orders do not generally “expire.” If you’re looking to modify the order, you’d need to file a petition to that effect with the Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.