Enforcing Child Custody Orders in New York City: What to Do When Your Ex Violates the Agreement

If you're a parent in New York who has obtained a custody order but is facing challenges with the other parent's compliance, you're not alone. Many parents find themselves in situations where the other parent refuses to follow the terms of the court order, leading to frustration and disruption for both parents and children.

At Veridian Legal, our dedicated family law attorneys understand the importance of enforcing custody orders and protecting your parental rights. We have extensive experience handling custody violation cases in New York and can provide you with the aggressive legal representation you need to ensure your child's best interests are protected.

What is a Violation of Custody Order in New York?

A violation of custody order occurs when a parent fails to comply with the terms of a court-ordered custody agreement. This can include:

Specific Types of Violations

• Visitation Violations:

  • Denying visitation: Refusing to allow the other parent to exercise their visitation rights.

  • Withholding child from custody: Refusing to return the child after their visitation time is over.

  • Interfering with parenting time: Making it difficult or impossible for the other parent to exercise their visitation rights, such as scheduling activities during the other parent's visitation time or making false accusations against the other parent.

• Relocation Violations:

  • Relocating without permission: Moving the child out of the state without obtaining court approval. This can severely disrupt the child's relationship with the other parent and may be considered a serious violation of the custody order.

• Decision-Making Violations:

  • Failing to consult with the other parent on important decisions: If the parents have joint legal custody, one parent cannot make major decisions about the child's upbringing without consulting the other parent. This can include decisions about education, healthcare, and religious upbringing.

• Parental Alienation:

  • Engaging in behaviors that alienate the child from the other parent: This can include making negative comments about the other parent, limiting the child's contact with the other parent, or trying to turn the child against the other parent.

• Other Violations:

  • Failing to follow medical instructions: Refusing to take the child to medical appointments or administer necessary medications.

  • Not paying child support: Failing to make child support payments as ordered by the court.

  • Exposing the child to harm: Engaging in behaviors that put the child at risk, such as substance abuse or domestic violence.

Why is it Important to Enforce a Custody Order?

Enforcing a custody order is crucial for several reasons:

• Protecting your child's well-being: A custody order is designed to ensure that your child has a stable and nurturing environment. When the other parent violates the order, it can disrupt your child's routine and emotional well-being.

• Upholding the law: Violating a court order is a serious matter that can have legal consequences for the non-complying parent.

• Protecting your parental rights: Enforcing your rights as a parent sends a message that you will not tolerate violations of the custody order.

How to Enforce a Custody Order in New York

If you believe the other parent is violating your custody order, there are several steps you can take:

1. Document the violations: Keep detailed records of every incident of non-compliance, including dates, times, and specific actions.

2. Communicate with the other parent: Try to resolve the issue amicably through communication and negotiation.

3. Seek legal counsel: Consult with an experienced family law attorney who can advise you on your options and represent your interests in court.

4. File a violation petition: If communication and negotiation fail to resolve the issue, you can file a violation petition with the family court.

What Happens During a Violation of Custody Hearing?

If your violation petition is granted, the court will hold a hearing to determine whether the other parent has violated the custody order. At the hearing, you will have the opportunity to present evidence and testify about the violations. The court may also hear testimony from the other parent and any witnesses.

If the court finds that the other parent has violated the custody order, they may impose various sanctions, including:

• Modifying the custody order: The court may change the terms of the custody agreement to better protect your child's interests.

• Fines: The court may impose fines on the non-complying parent.

• Jail time: In extreme cases, the court may order the non-complying parent to serve jail time.

Common Concerns About Enforcing Custody Orders

• "What if I can't afford a lawyer?"

  If you cannot afford a lawyer, you may be eligible for free or low-cost legal assistance from legal aid organizations or pro bono programs. We can connect you with resources that can help. You can also inquire about payment plans or sliding scale fees.

• "What if I'm afraid of the other parent?"

  We understand that dealing with an uncooperative or hostile co-parent can be frightening. We will take steps to ensure your safety and protect you from retaliation. This may include requesting a restraining order or seeking supervised visitation arrangements.

• "What if the other parent is making false accusations against me?"

  If the other parent is making false accusations, it's important to document these accusations and present evidence to refute them. We will work with you to build a strong case and protect your reputation.

Contact an Experienced Family Law Attorney

Enforcing a custody order can be a complex process. It's essential to seek legal counsel from an experienced family law attorney who can guide you through the process and protect your rights.

At Veridian Legal, our dedicated family law attorneys have extensive experience handling custody violation cases in New York. We understand the importance of protecting your parental rights and ensuring your child's well-being. Call us at (212) 706-1007 or fill out our online contact form to schedule a free consultation.