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NYS Visitation question?

My fiancee is an amputee who uses a wheelchair, and my ex has decided that it is not safe for my 7 yr old daughter to stay alone with her. My ex's fear stems from the fact that she doesn't believe my fiancee could manage my daughter in an emergency such as a fire. I have explained to my ex that short of having to physically carry my daughter out of the home, my fiancess is capable of managing any other emergency, but she persists in her insistence, and is not allowing my daughter to stay with us during my visitation this weekend because of this (I have some things I need to do away from the home during this time).

Can my ex refuse to allow me to leave my daughter with my fiancee during my visitation periods based on her fears?

If it helps to clarify the situation, my ex has full custody and I have weekly visitation rights.

2 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Amputees are capable of caring and raising children, what your Ex is getting on with is rubbish.

    at age 7 your daughter is able to understand the importance of a fire escape plan. Put one in place in your home and practice with your daughter. This is something all families should be doing.

    The chances of a fire occurring while your fiancee is taking care of your daughter is very slight. I'm an amputee myself and If I was in a situation where I was caring for a 7 year old and we needed to get out of the house quickly we would. I'd find a way pretty quick and if there was a safety plan in place everything would happen smoothly.

    There are lots of parents out there with disabilities that limit movement far greater than amputation and they can safely care for children. I think it's silly what you're ex is trying to do.

  • Anonymous
    1 decade ago

    In case of a fire, your fiancee could tell your 7 yr old to GET OUT and you are right, sounds like your ex is violating your fiancees civil rights (discrimination against the handicapped) and the hearing judge should decide "what is in the best interests of the child' and enforce the law.

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