Enforcing a Child Custody Order - How To Go About It In New York?

In New York, separated or divorced parents should create a plan to share parental time and responsibilities if they wish to co-parent. If they're not going through an amicable divorce, a court will have to help them make the decisions through a child custody and visitation order. This order provides a detailed parental plan that defines the rights and responsibilities of each parent.

Ideally, both parents will comply with the child custody and visitation order. After all, the court-ordered parental plan is binding upon co-parents. Unfortunately, this is not always the case, and one parent may fail to comply with the rules set by the court.

So what will you do if the other parent is unwilling to abide by the court-served custody and visitation order? In this situation, child custody enforcement will be suggested. If a court has appointed specified times and regulations for you to see your children, and the other parent does not uphold those things, it's within your rights to seek legal action.

Getting the help of a New York child custody attorney is vital to ensure a smooth and effective process. If you are contemplating filing an enforcement petition in a New York family court but unsure what to expect, we are ready to help at WertheimerLipton.

Child Custody Orders in New York

Child custody or parental order is a court-served order that gives responsibility for the child's care and maintenance to one or both parents. It describes who is liable for the day-to-day care and control of a child under 18.

New York courts award custody based on the best interest of the child. If there is no order, then you and your child's other parent can have equal rights to child custody. Ideally, there are two types of child custody in New York: physical and legal.

• Physical Custody: If you have physical custody, sometimes called residential custody, it means you are responsible for the child's physical care, control, and supervision. In some cases, the judge may give joint physical custody, meaning the child resides in both households for an equal amount of time.

If you are granted sole physical custody, you become the custodial parent, and the child gets to live with you more than 50 percent of the time. The noncustodial parent will be awarded visitation rights.

• Legal Custody: Legal custody gives you the legal right to make critical decisions concerning the child's care, education, religious upbringing, medical care, and general welfare. Joint legal custody, on the other hand, means that you and the other parent have equal rights to make important decisions about your child. You must agree on these decisions together, regardless of where the child lives. Sole legal custody gives you the right to make critical decisions for the child.

Understanding Visitation

In New York, the judge makes decisions based on what is best for the child, which involves the overall well-being and a relationship with both parents. For example, if you have sole custody, the court will give visitation rights to the other parent to spend time with the child unless there is a justifiable reason not to.

Divorcing couples can independently agree on a visitation (also known as parental time) schedule. But if they cannot, the court may decide on their behalf.

Enforcing a Child Custody Order in New York

If your ex-spouse fails to follow a court-ordered co-parenting agreement, you can petition a family court to hold them accountable. Sometimes, this process can be complicated, and working with a competent child custody attorney can ensure the process is smooth and that your child's interests and rights are protected.

Also, ask yourself why you want to enforce a child custody order. Your reasons must be aligned with your child's best interests because that is where the court bases its decisions. For example, if you want to file enforcement to punish the other parent, you might not obtain your desired outcome.

Once you successfully file an enforcement petition with the help of your lawyer, it will be upon the court to conduct a hearing to decide on the most effective solution for your situation. Depending on your case, the judge can choose to:

• Give you more days to compensate for the time you never spent with the kid
• Alter your parenting plan (this could include which parent has legal or physical custody)
• Hold your co-parent in disrespect of the court
• Order the other parent to pay your lawyer's fees and court expenses

What Is Considered Child Custody Violation in New York?

It is easy for divorcing or separating parties to harbor feelings of resentment during and after separation, which can be one of the reasons the other parent violates the child custody order. However, it's important to remember that your emotions do not justify interference with the child custody order, which is why the situation should be treated seriously.

If your child's other parent has committed the following custody violations, contact a New York child custody attorney to help enforce your order: 

• Obstructing your allocated child's visitation time
• Abusing drugs or alcohol in the presence of the kid
• Making lame excuses for not being able to follow custody or visitation schedules
• Outright denial to allow the other parent their rights

Get Help from Our New York Child Custody Attorneys Today

Enforcing a child custody order in New York can be a complex process. If you have exhausted alternative resolution methods and need assistance enforcing a custody order in court, you can trust the legal team at WertheimerLipton to assist you. 

Our attorneys have what it takes to handle even the most complex cases to protect your rights and interests. Contact us online or call us at (845) 379-4090 for more information about our services, and schedule a consultation with our lead child custody attorneys, Fred A. Wertheimer and Alexandria Lipton.