Father Loses Visitation Due to Grandparents’ Bad Behavior

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Did you know that failing to discourage your parents from talking badly about you ex-spouse can jeopardize visitation with your child? On August 6, 2014, in a case called Weiss v. Rosenthal, the Second Department revoked a father’s visitation based on the paternal grandparents’ persistent bad mouthing of the child’s mother in the presence of the child.

A mother brought a Family Court petition to modify the order which granted her ex-husband weekly visitation with their child. At trial, the mother presented evidence that her ex-husband’s parents continuously gossiped about her in front of the child. While the ex-husband only sometimes participated in the conversations, the court found that his acquiescence to his parents’ behavior was sufficient to modify the visitation schedule.

When a parent brings a petition to modify a custody agreement, he/she must show that there has been a material change in circumstances such that a change is necessary to protect the best interests of the child. Courts are usually hesitant to modify custody agreements, so there is a high burden to prove that a change really is necessary.

Unfortunately for this father, the court found that his failure to correct his parents’ bad behavior was sufficient to modify his visitation with his child.

If you have specific questions regarding parenting communication, visitation schedules, working toward a custody agreement with your former spouse, or if all communication has broken down and you are in need of a trusted and experienced Long Island Divorce Attorney, contact the offices of Jay D. Raxenberg. Call (516) 491-0565 or toll free at (888) 543-4867.