When you and your partner share a child but are no longer in a relationship, it can be incredibly difficult to navigate the process of splitting custody. However, if one parent is awarded primary custody while the other is granted visitation, this matter can grow contentious. Unfortunately, you may find that this can result in continual violations of the visitation order imposed by the court. If this occurs, understanding your legal options is critical. The following blog explores what you can do to seek court intervention and the importance of working with Long Island child custody lawyers to help you fight for the best possible outcome.
What Does Visitation Mean in Relation to Custody?
When a couple who shares a child files for divorce or is no longer in a relationship, they may attempt to work out a custody schedule on their own. However, this is often an incredibly contentious process, ultimately leading to court intervention if they cannot agree. When the court is tasked with determining how to split custody between parents, it will do so while adhering to the “child’s best interest” standard. Essentially, this means that the court will prioritize the health, well-being, and happiness of the child above all else, including the wishes of the parents. As such, they will examine a significant number of factors before making a custody decision.
In many instances, the court believes that it is in the best interest of a child to spend time with both parents and thus will offer 50/50 custody when possible. However, in some situations, you’ll find that being in the custody of one parent is not in the child’s best interest. As such, to maintain a relationship, the court can order visitation.
Essentially, visitation allows a non-custodial parent to spend time with the child. This is typically a shorter time frame, such as a few hours after school or a full day each weekend. In some instances, visitation may be supervised. This means that the court believes the parent could pose a risk to the child, and thus, a third party will be present for the duration of the visitation.
What Can I Do if My Ex Constantly Violates the Visitation Order?
In the event your ex-partner repeatedly violates the court order regarding visitation, it can be incredibly frustrating. However, it’s critical to understand how to proceed so as to protect your best interests and the interests of your child.
You should begin by documenting all violations that occur, which will generally entail late drop-offs or pick-ups, but could also include other violations, like having overnight guests while your child is visiting or taking them out of state without permission.
Next, you should contact an experienced attorney as soon as possible. They can assist you in the process of filing a motion with the court to enforce the visitation order. Essentially, this requires court intervention, and they will order compliance and, if necessary, punish them. This can include facing contempt of court charges or having their wages garnished.
Unfortunately, this can be an incredibly complex matter to navigate, which is why it’s in your best interest to work with an experienced family law attorney with the Sklavos Law Group. Our firm understands the importance of these matters, which is why we will do everything in our power to help you achieve the best possible outcome for your circumstances. When you need help, do not hesitate to contact us today.