Disregarding a court-ordered visitation schedule in New York can cause significant emotional distress for both the parent being denied access and the child. The parent whose rights are being violated can seek legal enforcement. New York courts take visitation violations very seriously as they prioritize the child’s best interests above all else. Please continue reading to learn the available remedies for non-compliance and how a skilled Nassau County Child Custody Lawyer can help guide you through these frustrating times.
What Are Common Visitation Violations?
In New York, a visitation agreement outlines the full scope of rights and duties for the parent, the non-custodial parent. Any deviation from these stipulations by either party may be deemed a violation of the order. Common breaches include:
- Failing to drop off or collect the child at the agreed-upon exchange location and time.
- Removing the child when it’s not the parent’s scheduled time.
- Preventing the other parent from seeing the child
- Making significant legal decisions for the child without the consent of the custodial parent
- Booking activities during the other parent’s scheduled visitation to intentionally interfere with parenting time.
- Refusing to return the child after the allotted parenting time is up.
What Happens When a Parent Violates a Visitation Order in New York?
Court-ordered visitation schedules are legally binding when it comes to times, dates, and exchange locations. Non-compliance by either party carries significant legal consequences and can be emotionally detrimental to the child and the other parent. If one party violates a visitation order, the affected party should collect evidence and seek legal counsel to file an enforcement petition with the court. If the court finds a violation, it can implement various measures to remedy the situation and ensure the agreement is followed.
New York courts can utilize several tools to enforce compliance to custody and visitation orders, which include:
- Mandatory make-up time: The court can order the non-compliant parent to provide the other with compensatory parenting time.
- Financial penalties: The judge may order fines or other monetary sanctions against the parent who violated the order.
- Educational Interventions: The court may require participation in counseling or parenting courses.
- Modifying the Current Plan: The court can change the existing custody or visitation schedule to better ensure compliance and safeguard the child’s best interests.
- Contempt of Court: In extreme cases or repeated failures to follow the court’s ruling, a parent may be found in contempt, risking hefty fines, court-ordered community service, or even time behind bars.
At the Law Offices of Eyal Talassazan, P.C., we are prepared to safeguard your parental rights and guide you through every step of this complex process. Reach out to our firm today to schedule a consultation.
