Child Custody Enforcement

Child Custody Enforcement Lawyer in East Islip, NY

When your co-parent does not obey the agreed child custody agreement, it can be upsetting and overwhelming. You may be asking how to enforce this order and if you should engage the court. It is critical to remember that, while bothersome, minor infractions are often tolerated. 

However, if your co-parent is becoming unreasonable and has repeatedly violated a custody or visitation support order, it is time to consider enforcing your order.

With over two decades of expertise assisting people and families in finding the solace they seek, our organization is equipped to assist you in these challenging times. Our caring East Islip and Suffolk County family law attorney understands your difficulties and can assist you in obtaining a good resolution to your family law problems in New York.

Why Do I Need a Child Custody Enforcement Lawyer in New York?

Child custody enforcement is one of the most important cases you will ever be involved in, and you must find an attorney who is experienced and knowledgeable about East Islip and Suffolk County family law.

Donato Law has been a District Court Small Claims Arbitrator for over 25 years and has a thorough grasp of legal issues, particularly family law. We base our operations on honesty, integrity, and loyalty principles. We treat our customers compassionately because they frequently cope with life’s most challenging challenges.

Jodi Ann Donato is a trusted Suffolk County family law attorney, estate planning attorney, and divorce specialist who helps people and families find peace. In choosing the best NY child custody enforcement lawyer, consider the following:

1. Accessibility

Donato Law, located in Suffolk County, New York, serves New Yorkers and those from other states that require legal services such as child custody enforcement. The meeting is much easier if you don’t have to take the full day off work or drive a long distance.

Call us to schedule a consultation with our child custody lawyer today.

2. Knowledge of Jurisdiction Laws

Land restrictions vary widely from state to state. A child custody lawyer who is well-versed in local legislation is the best choice for your situation. In New York, it makes sense to hire an attorney who is familiar with New York law and how to get the best possible outcome. Fortunately, our family lawyers are here to help.

3. Knowledgeable in Child Custody Cases

When looking for the best child custody enforcement lawyer to represent you, consider both specialization and experience. Our law firm and lawyers specialize in child custody disputes, and we believe that by doing so, we will be able to give you the best possible outcome for your case. Call us to schedule a consultation with our child custody lawyer today.

4. Consider your financial situation.

Hiring an attorney is generally rather expensive.

When selecting the best child custody enforcement lawyer for you, consider your financial means and what you can and cannot afford. Donato Court serves clients in family law cases in New York, including legal custody, physical custody, and shared legal custody, among others. We understand the problems that might arise when you need expert legal assistance but cannot afford it. This is why we offer reasonable rates and a variety of payment options.

5. Compassion

Cases involving children and guardianship are frequently upsetting. Someone who knows this and what is at stake for your family may be the best child custody enforcement counsel for you. Compassion is essential in these moments to keep going. You may be certain that we understand what parents and their children are going through during these tough times because of our years of experience. We are here to help you.

 

 

Child Custody Order Enforcement

A court order is a piece of paper that should be respected, but there are exceptions in many respects, parents do not handle it that way. Being habitually late (or absent to pick up or leave off the children, leaving them in the care of others, misusing drugs or alcohol in the presence of children, failing to take the children breaching court-ordered medical or counseling appointments in terms of religious instruction or training, interfering with the other parental visits… the list goes on. Maybe some of these you are acquainted with infractions, and perhaps you have a list of your own.

You can file an enforcement petition in family court if your co-parent refuses to comply with a custody or visitation order. Before doing so, you should speak with an expert family law attorney to safeguard your rights and interests. If you decide to enforce a custody order in order to punish your co-parent, you may not receive the desired effect. You should consider whether you can reach an agreement with your co-parent before going to court again.

Once an enforcement petition is filed, a hearing will be held, and the court will decide how to proceed. Unless you choose to pursue your complaint criminally, the judge will most likely conduct one or more of the following:

• Change your parenting plan, including who has physical or legal possession of the kid.
• Give you extra days to make up for whatever time you missed with your child.
• Make the other parent pay your court and attorney fees.
• Consider the other parent to be in contempt of court.

You may have several alternatives for enforcing a child custody arrangement. It will be more difficult to enforce if you did not have a court-approved order in place previously. The court can only enforce a custody arrangement without a court order if you fear your kid is in urgent danger. If this is the case, you should call the police right away. 

What Constitutes a Serious Custody Violation?

If your co-parent has committed a major custody violation, such as one of the following, it is time to enforce an order:

• Addiction to alcohol and/or drugs in front of a youngster
• obstructing your visiting time
• A tendency to arrive late or early
• Visitation conversations are frequently missed.
• Refusing to transport your kid to school, medical appointments, after-school activities, or court-ordered therapy sessions

Maintain Accurate Records of Custody and Visitation Violations

You must document everything that occurs for the court to enforce an injunction. While being late a few times is unlikely to attract the notice of the court, a clear pattern of disobeying the court’s instructions may. Note the dates and times of each occurrence of the other parent failing to comply with the court’s instructions on your “Violations” list. Keep a note of any emails or phone calls you make to try to resolve the matter.

Write down infractions in your calendar or diary, including dates, timings, and a description of the issues that arose. Keep copies of any police reports and communication between you and your co-parent, including emails, text messages, and other documents that may be useful in court. 

Once you have a record of significant violations of your order, you can petition the court to amend the orders in the hopes that a fresh order would result in more compliance. In most circumstances, this will imply a change in the parenting schedule or new regulations regarding what parents can and cannot do when they are with their children. In severe cases, such as when one parent constantly interferes with the other’s visiting rights, the court may transfer custody from one parent to the other.

Enforcing Custody and Visitation

There are various procedures for enforcing custody or visitation orders. This can be in the form of civil contempt proceeding or writ of habeas corpus.

Civil Contempt Proceeding

This can be used to ensure compliance with a court order. Contempt is a willful violation of a court order or decree. To initiate a civil contempt hearing, the complaining parent can petition a state court and notify the parent charged with contempt so that she has a reasonable amount of time to defend or explain her actions. 

The parent who filed the contempt petition must demonstrate that the person charged violated the court order willingly and deliberately. In one Iowa case, a father who couldn’t exercise his teenage children’s weekend visitation rights because they told him they didn’t want to visit him sought to have his ex-wife held in contempt. The court denied the request, ruling that the husband failed to prove beyond a reasonable doubt that the wife willfully disobeyed a court order.

If a court finds that a parent breached a custody or visitation order, the court may sentence the violator to jail time, award restitution for costs incurred as a result of the violation, or place the parent on probation with the condition that further violations do not occur.

Habeas Corpus

A writ of habeas corpus is another option to enforce a custody or visitation order. This is commonly used when one parent unlawfully detains a kid. The petitioner must assert that the kid has been held by the other parent in violation of an existing custody order. A judge can require the obstinate parent to produce the kid .

However, habeas corpus is not always a successful remedy. For starters, it is ineffectual when the term of illegal detention is relatively brief, as the matter may become moot before the writ is completed. Second, a writ of habeas corpus will not prevent future custody or visiting rights violations. As a result, a writ petition can be paired with a contempt action or other demands to avoid future custody or visitation order violations.

Civil and Criminal Actions are used to enforce the law

A third option for enforcing custody or visitation is to sue the other parent in civil court. A successful lawsuit might have a deterrence impact since monetary damages may be awarded. Visitation withholding may give rise to legal causes of action such as intentional infliction of emotional distress, false detention, unlawful inducement, civil conspiracy, or defamation (when the visitation is prevented by convincing the children to refuse to visit the other parent).

Because of pervasive interference with custody rights, several jurisdictions have enacted criminal provisions to enforce custody and visitation orders. In Virginia, for example, a state statute states that anyone who “knowingly, wrongfully, and intentionally withholds a child from either of a child’s parents or another legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.”

Should You Disregard Your Co-Parent?

When you petition the judge to hold your co-parent in contempt of court, you are requesting that the court rule that this individual willfully defied a court order, which is a criminal. A conviction for contempt carries serious repercussions, including jail time. As a result, you should consider if this move is in your child’s best interests in the long run.

Call Our NY Child Custody Enforcement Lawyer Now!

Child custody agreements are a vital component of a separation or divorce, so it is critical to have a skilled family law team on your side as you manage the complexity of legal paperwork and courtroom rules. At the Donato Law, we endeavor to ensure that your connection with your children is preserved and maintained after the conclusion of the separation process or divorce case, whether in the form of legal and/or physical custody or a reasonable visitation agreement.  Please call us immediately for a free consultation if you or someone you know has legal problems. We would gladly address any inquiries you may have.

It is critical to have competent lawyers on your side who are versed with state and federal legislation while dealing with a legal situation. Donato Law is a New York-based law office that can assist you with various legal concerns, including business formation, probate administration, civil litigation, estate planning, real estate, family law, traffic violations and personal injury.

Call Us Today!