Visitation in NY

[NewYorkDad555]

Hi Socrateaser,

This is my first post and I'm hoping you can help.

I am a father in NY and I have what I think is a unique case. I don't have any family court enforcement of my visitation and therefore have little or none. My final order of custody that was granted to my children maternal grandmother (CP/GM), with a rider separation agreement rider and is buried in Brooklyn Surrogate Court (BSC), with a provision of supervised visitation that is at the full discretion of CP. I have been remarried for 6 years and wife has been deemed not suitable supervisor by CP.

The CP has won on the grounds that the children shouldn't be uprooted, and I don't agree with the judge's ruling but understand it.

She is bound by this separation agreement which specifies regular contact about my children and yet it is UNENFORCEABLE because Surrogate Court doesn't do any enforcement, except for my not being able to see them. No phone calls about health, school, vacation, who they're associating with, not a single call in 6 years.  

1. Since the case is in Surrogate Court I would like to know if I can just go into Brooklyn Family Court and ask a judge to enforce the visitation that is already present in the divorce decree and separate draconian separation agreement?

(Said agreement I signed with my then-dying ex-wife over 8 years ago under threat of exposure of inappropriate contact with a minor when I was 16 years old.)

2. What can I do? Go into family court and state that I'm my kids father and that the CP is denying visitation and make the CP produce the BSC documents to refute my claim of alienation.

3. Is Pro Se something that I should consider? Even if I don't win, I need to show my children that I tried. They are 11 and 13 and time is very short for me to have any kind relationship with them before they simply don't care.

Regards,

NewYorkDad555

[socrateaser]

>1. Since the case is in Surrogate Court I would like to know
>if I can just go into Brooklyn Family Court and ask a judge to
>enforce the visitation that is already present in the divorce
>decree and separate draconian separation agreement?

I don't know the structure of the NY courts, but it would seem to me, that if you have a valid, enforceable judgment granting you visitation, that the judgment would be enforceable in family court, or in the supreme court (which is, I believe the name of the general trial courts of NY State).

>2. What can I do? Go into family court and state that I'm my
>kids father and that the CP is denying visitation and make the
>CP produce the BSC documents to refute my claim of
>alienation.

File a petition to enforce visitation.

>3. Is Pro Se something that I should consider?

I think you'll get quicker action with an attorney.

[NewYorkDad555]

The judgement is in Surrogate Court which told me it doesn't do enforcement. The case is literally locked in a basement file cabinet and the only way is to somehow petition for a enforcement of an order from another court. :-(

I initially tried to have custody case heard in supreme court and other side fought tooth and nail to keep it in Surrogate for the obvious reason that its a black hole. If I just go and plead my case in family court do you think that they will hear my petition?

This is very confusing as I keep getting different answers from the court personnel.
I went down and spoke to the Surrogate chief clerk and he told me I could do it Pro Se but that I should try to find a lawyer. I explained legal costs is prohibitive for me right now.

[socrateaser]

Something is not adding up here.

1. Do you have a copy of the Surrogate Court judgment?

2. If #1 is yes, then it's enforceable -- if not in Surrogate Court, then in the court of general jurisdiction, which is the NY Supreme Court, as far as I'm aware. If you can prove that the CP is violating the judgment, then file a petition for contempt and make your case.

I don't know exactly what you're entitled to, because I haven't read the judgment. If you have a copy, feel free to post the EXACT text of the judgment that you believe the CP has violated. Then tell me what sort of proof you have to show that the violation has occured.