Q: I have a friend from NY that now stays in NC his daughter stays in NY and he doesn’t get to see her at all, I don’t want to tell him the wrong thing since I stay in NC what are his rights as a father, by the way he has his own house car and job down here in NC he just wants visitation rights for his daughter and to be able to bring her to NC and spend some time with her since he really doesn’t have anywhere to go in NY.
A: He presumptively has a right to visitation with his child. That said, numerous factors affect what visitation he actually receives. They include the age of the child (& if old enough, the preferences of the child), how much he’s historically seen the child (including his recent level of access), any history of criminal convictions or child welfare cases in his past, whether domestic violence or drug/alcohol abuse is an issue for him, etc. This is not an exhaustive list, so he’s best advised to schedule a phone/virtual consult with a Bronx Child Custody attorney for a full assessment.