What Happens If a Parent Consistently Violates a Parenting Time Schedule in New York?
Your parenting schedule is not simply a suggestion; it is a court order, and both parents are supposed to abide by it. This schedule is designed to provide stability for the child and to ensure connections with both parents, regardless of how it was made. If one parent consistently fails to adhere to it, then there may be serious repercussions.
Common parenting time violations
There are a lot of ways to violate a parenting plan. Some are just individual misunderstandings, whereas others evolve into habitual violations that impede the child’s bond with the other parent.
These include the following examples:
- Denying the child access to parenting time as agreed
- Regularly picking up the child late without good cause
- Last-minute cancellation of parenting time
- Making plans that purposely conflict with parenting time
- Failure to observe the holiday and vacation time set by the courts
A one-time violation is not necessarily cause for action; however, habitual violations could prove problematic for everyone involved.
Document the problem
Should you have suspicions that the other party is not adhering to the terms of the parenting time order, then keeping accurate records is essential. It would be helpful to save emails, texts, and other communications related to any missed visits and scheduling changes. Such records could serve as useful evidence in court.
Legal remedies available
Where informal measures to address the problem are unsuccessful, the parent can petition the court for an enforcement order. The court could:
- Order make-up parenting time
- Order the parents to attend mediation
- Order compliance with the order
- Find a parent in contempt for deliberately defying the court order
- Grant attorneys’ fees where necessary
The court’s objective in most instances is to ensure compliance without disrupting the child.
Can custody be modified?
Repeated disruptions to the visitation schedule could also justify modifying a custody order. Courts in New York acknowledge that a parent’s readiness to ensure the child has a good relationship with the other parent is one of the factors to be considered when determining what is best for the child.
Should one of the parents repeatedly disrupt the visitation schedule without any justifiable cause, the court may be justified in concluding that a modification of custody or decision-making power is warranted. Nonetheless, such modifications will never be automatic. There should be proof of the changed circumstances and what is best for the child.
Don’t take matters into your own hands
It may be disappointing to have the other party disregard the court order, but fighting fire with fire will only lead to more trouble.
A competent family lawyer licensed to practice in New York can guide you on what steps to take and how to collect necessary evidence in order to enforce your right to spend time with your child. Prompt legal intervention is the key to maintaining your relationship with the child and ensuring compliance with the court’s decisions.
Talk to a Rockland County, NY, Divorce Lawyer Today
The Law Office of Robert S. Sunshine represents the interests of Rockland County residents seeking a divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin addressing your needs right away.
