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How Can I Enforce My New York Child Custody Agreement?

Posted on in Family Law

Hudson Valley Area Family Law AttorneyFollowing the divorce or breakup of a couple who have children together, child custody orders will usually be put in place. In these cases, parents are often able to reach agreements on how they will share legal and physical custody of their children. By making the commitment to work together as co-parents to raise their children, they can maintain positive parent/child relationships and make sure they are putting their children’s best interests first. Unfortunately, situations may arise in which a parent refuses to follow the terms of a child custody agreement or interferes with the other parent’s parental rights. In these cases, a parent will need to understand their options for enforcing the court’s orders and ensuring that they will be able to maintain relationships with their children.

Addressing Child Custody Violations

Even if parents are able to reach agreements about how they will share child custody, a parent may be unhappy with the decisions that were made, and they may refuse to follow certain terms of an agreement. Violations can also occur because a parent does not prioritize their relationship with their children or otherwise acts irresponsibly. Unfortunately, this can lead to inconsistency for children, which can cause them emotional harm, especially if they are unable to follow regular routines or cannot spend time quality time with a parent when they expect to do so.

There are many ways that a parent may interfere with the other parent’s time with their children or commit violations of a child custody agreement, including:

  • Refusing to allow children to spend time with the other parent as scheduled in the child custody agreement or claiming that children do not want to see the other parent or spend time with them.

  • Refusing to pick up or drop off children as required at the beginning or ending of either parent’s parenting time and requiring the other parent to provide transportation.

  • Consistently failing to show up on time to pick up or drop off children.

  • Attempting to limit the other parent’s time with the children by scheduling activities or appointments during their parenting time.

  • Interruptions during the other parent’s parenting time, such as constant phone calls to check in on or talk to children. 

In cases where a parent has repeatedly violated a child custody agreement, the other parent may take action to enforce the court’s orders. They may do so by filing a Custody/Visitation Enforcement Petition with the court. This petition will detail the other parent’s violations and ask the court to enforce the child custody order. If the parent continues to refuse to follow the terms of the agreement, they may face penalties, such as being held in contempt of court. A parent may also request modifications to the agreement to ensure that children can maintain consistency in their relationships with both parents.

Contact Our Hudson Valley Child Custody Enforcement Lawyer

When a parent does not meet their court-ordered obligations or takes actions that may negatively affect their children, the other parent will need to determine their legal options. At Law Offices of Robert S. Lewis, P.C., we work with parents to address issues related to child custody, and we can help them take action to enforce court orders or request modifications based on their children’s best interests. To get legal help with your case, contact our Rockland County child custody attorney at 845-358-7100 and arrange a complimentary consultation today.

 

Sources:

https://nycourts.gov/courthelp//diy/custodyEnforcement.shtml

https://www.nysenate.gov/legislation/laws/DOM/240

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