Burden of Proof for Visitation Violation

[seekinghelpny]

What is the name of your state (only U.S. law)?NY
I recently had a hearing in Family Court to address the issue that my eighteen year old daughter stopped visiting me for the past six months. I'm the NCP. I have joint custody of my daughter with her mother who she lives with. In court my ex-wife and I each had our own attorney and my daughter was represented by a law guardian. During my testimony I provided phone records to show my calls to my ex-wife's house. Most of the time I got the answering machine and left a message that I wish to talk to my daughter and visit with her. I never got a call back. A few times I actually spoke to my ex-wife who would put me on hold and come back to the phone stating that my daughter does not want to talk to me or visit with me. I've sent notes and gifts to my daughter. My daughter did not acknowledge any of the notes or gifts. I received no calls or notes from her. During my testimony my ex-wife's attorney did not ask me any questions or challenge my testimony. The law guardian asked me only one question: did I know why my daughter stopped visiting me? I said I did not know because she won't communication with me at all and my ex-wife won't give me a reason. After my testimony was done my ex-wife's attorney and law guardian rested without providing any testimony from my ex-wife or daughter. My daughter did not appear in court. The law guardian spoke on her behalf by saying my daughter stopped visiting me for emotional neglect. The judge issued a decision that stated I didn't meet my burden of proof to show that I didn't cause the breakdown in the relationship with my daughter. I'm looking at it from another point of view, I believe my ex-wife and daughter did not meet their burden of proof to show that I caused the breakdown in the relationship. Does this make any sense? It seems that the judge was partial towards my ex-wife and daughter.

 

[Antigone*]

What is the name of your state (only U.S. law)?NY
I recently had a hearing in Family Court to address the issue that my eighteen year old daughter stopped visiting me for the past six months. I'm the NCP. I have joint custody of my daughter with her mother who she lives with. In court my ex-wife and I each had our own attorney and my daughter was represented by a law guardian. During my testimony I provided phone records to show my calls to my ex-wife's house. Most of the time I got the answering machine and left a message that I wish to talk to my daughter and visit with her. I never got a call back. A few times I actually spoke to my ex-wife who would put me on hold and come back to the phone stating that my daughter does not want to talk to me or visit with me. I've sent notes and gifts to my daughter. My daughter did not acknowledge any of the notes or gifts. I received no calls or notes from her. During my testimony my ex-wife's attorney did not ask me any questions or challenge my testimony. The law guardian asked me only one question: did I know why my daughter stopped visiting me? I said I did not know because she won't communication with me at all and my ex-wife won't give me a reason. After my testimony was done my ex-wife's attorney and law guardian rested without providing any testimony from my ex-wife or daughter. My daughter did not appear in court. The law guardian spoke on her behalf by saying my daughter stopped visiting me for emotional neglect. The judge issued a decision that stated I didn't meet my burden of proof to show that I didn't cause the breakdown in the relationship with my daughter. I'm looking at it from another point of view, I believe my ex-wife and daughter did not meet their burden of proof to show that I caused the breakdown in the relationship. Does this make any sense? It seems that the judge was partial towards my ex-wife and daughter.

Your daughter is old enough to decide whether or not she wants to spend time with you. I don't see any impropriety with the court's actions.

Glancing at your posting history, I can totally see why your daughter does not want to spend time with you.

 

[Proserpina]

What is the name of your state (only U.S. law)?NY
I recently had a hearing in Family Court to address the issue that my eighteen year old daughter stopped visiting me for the past six months. I'm the NCP. I have joint custody of my daughter with her mother who she lives with. In court my ex-wife and I each had our own attorney and my daughter was represented by a law guardian. During my testimony I provided phone records to show my calls to my ex-wife's house. Most of the time I got the answering machine and left a message that I wish to talk to my daughter and visit with her. I never got a call back. A few times I actually spoke to my ex-wife who would put me on hold and come back to the phone stating that my daughter does not want to talk to me or visit with me. I've sent notes and gifts to my daughter. My daughter did not acknowledge any of the notes or gifts. I received no calls or notes from her. During my testimony my ex-wife's attorney did not ask me any questions or challenge my testimony. The law guardian asked me only one question: did I know why my daughter stopped visiting me? I said I did not know because she won't communication with me at all and my ex-wife won't give me a reason. After my testimony was done my ex-wife's attorney and law guardian rested without providing any testimony from my ex-wife or daughter. My daughter did not appear in court. The law guardian spoke on her behalf by saying my daughter stopped visiting me for emotional neglect. The judge issued a decision that stated I didn't meet my burden of proof to show that I didn't cause the breakdown in the relationship with my daughter. I'm looking at it from another point of view, I believe my ex-wife and daughter did not meet their burden of proof to show that I caused the breakdown in the relationship. Does this make any sense? It seems that the judge was partial towards my ex-wife and daughter.

You really should be more concerned about trying to fix the obviously very broken relationship, than who has the burden of proof in court.

 

[seekinghelpny]

I'm very concerned about my relationship with my daughter. As it was mentioned since she is 18 it's her decision. Unfortunately in New York I have to pay child support until she is 21. I'm all for her independence however I don't believe I should pay child support if she doesn't want to visit. This is were burden of proof is a factor. In NY there is the ability to constructively emanicipate a child over 18 when the child terminates the relationship. I beleive my case fits that critieria.

 

[Proserpina]

I'm very concerned about my relationship with my daughter. As it was mentioned since she is 18 it's her decision. Unfortunately in New York I have to pay child support until she is 21. I'm all for her independence however I don't believe I should pay child support if she doesn't want to visit. This is were burden of proof is a factor. In NY there is the ability to constructively emanicipate a child over 18 when the child terminates the relationship. I beleive my case fits that critieria.

Ah. You believe that you shouldn't have to support your child because you messed up the relationship.

Gotcha.

 

[Antigone*]

Ah. You believe that you shouldn't have to support your child because you messed up the relationship.

Gotcha.

He's been after that for quite some time now - and has failed at each attempt. Rightly so.

Dude, your child support is not a ticket to visitation with your adult child.

 

[stealth2]

I'm very concerned about my relationship with my daughter. As it was mentioned since she is 18 it's her decision. Unfortunately in New York I have to pay child support until she is 21. I'm all for her independence however I don't believe I should pay child support if she doesn't want to visit. This is were burden of proof is a factor. In NY there is the ability to constructively emanicipate a child over 18 when the child terminates the relationship. I beleive my case fits that critieria.

You're wrong. You will continue to support your child until she is 21. Your child will not be legally emancipated wrt CS just for not wanting to spend time with you. Sorry.

 

[seekinghelpny]

In New York children over the age of 18 have been constructively emancipated for many years for terminating their relationship with the NCP without cause. That's a fact.

 

[Proserpina]

In New York children over the age of 18 have been constructively emancipated for many years for terminating their relationship with the NCP without cause. That's a fact.

"Without cause"?

Apparently the court disagrees with you.

Endastory.

 

[Silverplum]

In New York children over the age of 18 have been constructively emancipated for many years for terminating their relationship with the NCP without cause. That's a fact.

You have a lawyer: what does s/he say about that?

 

[BL]

You have a lawyer: what does s/he say about that?

And is your lawyer willing to appeal with your chances??

Are you willing to pay the high price of appealing?
If not ,end of story ,you pay unless or until she is married,totally self supporting - not under a parent's care,etc.

I have reviewed some cases and case law about when an child wishes to not see a NCP regarding CS ,and in most cases termination of CS was denied.

I forgot to save the link,but it might have been posted on this forum in the past.