It can be incredibly frustrating dealing with a co-parent who ignores a legally binding custody agreement. When terms are repeatedly disregarded, seeking court intervention may be necessary to protect your parental rights. Such violations can result in significant consequences. Please continue reading to learn how to enforce your custody order in New York and how an experienced Long Island Child Custody Lawyer can help you navigate these difficult times. 

What Qualifies as a Custody Order Violation?

First and foremost, it’s crucial to understand what constitutes a custody “violation” under New York law to determine whether you are facing a minor inconvenience or an issue that warrants legal action. 

When a parent ignores the provisions of a court-approved custody or visitation agreement, it is considered a custody order violation. Common types of violations include:

  • Repeatedly denying court-approved parenting time
  • Failing to return the child
  • Skipping parenting time without notice
  • Interfering with communication 
  • Relocating the child without court approval or parental consent 
  • Disregarding restrictions in the order (e.g., using drugs/alcohol around the child) 

What Steps Should I Take to Protect My Parental Rights? 

Before you turn to the court for help, you should attempt to resolve the issue directly with your co-parent, unless it is unsafe to do so. This will help you figure out whether the violation was a simple misunderstanding. You should document all correspondence to establish a paper trail. This can help demonstrate to the court that you made rational requests. 

In the unfortunate event that your efforts fail, it’s in your best interest to enlist the help of a knowledgeable Long Island child custody lawyer who can help you file a formal violation petition (Form GF-41/8a) in the Family Court where the original custody order was issued. A lawyer can help you gather evidence to prove that your co-parent willfully and knowingly failed to abide by it.

What Can the Court Do? 

If the judge finds that your co-parent committed a wilful violation, they can impose several penalties and remedies. Generally, the court can: 

  • Award Compensatory Time: The judge can grant the affected parent additional dates/time with the child to make up for missed parenting time. 
  • Order a Custody Modification: The judge can change the terms of the agreement or visitation schedule. 
  • Pay Legal Fees: The judge can order the violating party to pay the affected parents’ court costs and lawyer fees. 
  • Contempt of Court: The judge can hold the violating parent in contempt of court, which can result in significant monetary fines or, in severe cases, time behind bars. 

It’s important to bear in mind that if you believe your child is in imminent danger, you should contact the police to ensure their safety. The court can issue temporary protective orders. 

At the Law Offices of Jay D. Raxenberg, P.C., we are prepared to effectively represent you and your child’s best interests. If your co-parent has repeatedly violated your custody agreement, it’s time to take action. Connect with our firm today to discuss your legal options and schedule your initial consultation.