When parents enter into a custody order with the courts, the arrangements set forth in the order are legally binding and should be adhered to at all times. Sometimes, one parent violates the custody order in such a way that the other parent is forced to go back to court. In this situation, an experienced New York family law attorney can help guide you through the process in order to protect your parental rights.
How are custody orders violated?
Any actions that are in conflict with the terms of a custody order are considered a violation and are taken seriously by New York courts. Common ways that custody orders are violated include:
- Preventing scheduled visitation
- Prohibiting contact with the child
- Taking the child out of state
- Picking up the child from school, daycare, or other activities without the knowledge or consent of the other parent
What can I do if the other parent has violated our custody order?
In cases where one parent has violated a custody order, there are several steps that you can take to protect your parental rights. Some parties may be able to agree on a modification of the existing custody order without the court’s involvement- these changes are usually required to be in writing and signed by both parties to demonstrate their consent to such modification. However, many parties are unable to do so and thus the non-violating party must petition the court for enforcement of the order. Hiring a family lawyer is an essential part of this process, as your legal representative can help you file a motion with the court requesting that the violating party be found to be in contempt of court. If the violating parent is found to be in contempt, he or she can be held responsible for paying your attorney’s fees and court costs, as well as possibly facing jail time or loss of future custody rights.
If the circumstances surrounding the violation are such that the child’s safety may be compromised, do not hesitate to contact your local police department or Child Protective Services.
If you have a New York custody order that has been violated by the other party, contact the experienced family lawyers at the Law Offices of Stacy Sabatini, Esq. at www.sskfamilylaw.com for a consultation today. Located in New City, New York, we proudly serve clients in Rockland, Orange, and Westchester counties.