Posted by DeeDee on 1/05/09

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I am having a difficult time finding anything concerning
laws currently on the books in NY State that state who is
permitted to request visitation rights to my children. We
are a married couple who have been taken to family court by
a relative who seeks visitation rights to our children. The
petitioner is a relative, not a parent, or grandparent...no
parent is deceased, there is no divorce, now or in the
future, and we are both the biological parents.

I know that most will say to get a lawyer, but I seriously
cannot afford one...I could, but it would mean not being
able to pay anything else. I would just like to at least
get info or be pointed to the laws concerning my problem.
It is difficult to find anything online, or even find a
lawyer for this case since it does not involve a divorce, a
custody/visitation hearing for the parents, or a request
from the grandparents. The request just comes from a
relative of mine and my children who is not related to my
husband.

I have read the laws concerning Section 26.10.160(3), Troxel
v. Granville, and at first took the law as stating it was
against my constitional rights as a mother to have the
courts interfere with my rights as a mother and what I deem
best for my children. Upon reading further, I am not so
sure, and think it just might mean the opposite.

I do not understand how the court/judge can force me to have
contact with a person I wish not to, and at the same token
force my children to have visitation rights when they have
told this person they wish no contact on several occasions,
face to face, and over the phone, and to the childrens
lawyer (the lawyer was a requirement and appointed by the
courts) repeatedly. The judge has been told, by me and by
the kids lawyer, that they wish no contact, but it doesn't
seem to matter.

What are my rights, and is it legal for any Tom, Dick or
Harry to request visitation through the courts. If the
judge orders family therapy sessions to see what is in the
childs best interest, am I forced to pay? If I do not have
coverage, but am still forced to go to sessions, who is
responsible for the bill?

Any help or suggestions as to where to get any info on
visitation rights that do not involve a parent or
grandparent would be most appreciated!

Re: Laws concerning a relatives (non-parent or GParent) requ, 1/06/09, by --.

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