Child custody orders are designed to provide certainty and stability, so when a parent violates the terms, it can create stress and emotional challenges for both parents and children. When one parent repeatedly denies visitation, refuses to return the child on time, or violates the agreement in another way, the other parent may wonder what legal options they have to protect their rights and their child. For more information on how you can enforce your custody order, continue reading and consult with a Long Island child custody lawyer today.
What is a Child Custody Order?
A custody order is a legally binding document issued by a court that establishes the rights and responsibilities of parents after a separation or divorce. Custody orders are designed to provide stability and clarity for the child’s upbringing, offering structure for co-parenting and a way for disputes to be resolved.
Custody orders generally include two main forms of custody: legal and physical. Legal custody grants a parent the right and responsibility to make major life decisions on behalf of the child. This generally includes education, healthcare, and religious upbringing, among other things. Courts often prefer joint legal custody when parents can communicate and cooperate effectively to promote co-parenting relationships and ensure both parents remain active in the child’s life.
Physical custody determines where the child resides from day to day. The custody order should outline a specific schedule for which parent lives with the child on a regular basis, the visitation or parenting time for the non-custodial parent, specific arrangements for holidays, birthdays, and vacations, and details about pick-up and drop-off times and locations.
How Can I Enforce a Child Custody Order in NY?
If your child’s other parent violates your custody order, remain calm and avoid taking any retaliatory measures. Continue following the order while documenting dates, times, and details of their violations.
File a formal enforcement petition in Family Court. Relevant evidence that can help prove these custody violations includes logs of parenting time, text messages, emails, police reports, and witness testimony. It’s also important to consult with an experienced attorney. They can help you properly file the petition, gather evidence, and seek emergency relief if your child is in immediate danger.
When enforcing the custody order, the court may require the offending parent to pay your attorney and court fees, impose fines and make-up parenting time, and, in severe cases, require community service or jail time.
Can a Verbal Agreement be Enforced?
Parents may occasionally reach verbal or informal agreements regarding changes to their custody arrangements and routine. However, these cannot replace a formal court order. In New York, an existing custody order remains in effect until it is legally modified by the court. Therefore, any verbal or informal agreement made between the parties is difficult to enforce. It is generally best to formally request any modifications to avoid disputes or complications later on.