For most couples, one of the hardest aspects of filing for divorce is the ensuing custody battle. Unfortunately, after a long decision, the court may decide to grant you visitation instead of custody, making your spouse the primary custodial parent. However, if your ex-spouse repeatedly and intentionally fails to comply with visitation, it can be devastating as you wish to see your child. If this occurs, it’s important to understand that you have rights. The following blog explores what your legal options are in these matters and the importance of working with a Long Island visitation lawyer to help you navigate these complicated matters.
What Is Visitation in Relation to Custody?
When a couple gets divorced and they share a child, it can be difficult to create a custody arrangement. As such, if you and your spouse cannot create an agreement, the court will step in to create a custody agreement. It’s important to understand that when determining custody schedules, the courts adhere to the “child’s best interest” standard, which prioritizes the health, success, and well-being of the child above the wishes and preferences of the parents. You should also understand that in many instances, the courts believe it is in the child’s best interest to maintain a relationship with both parents. As such, unless it would harm the child, the courts will do their best to award joint custody.
In instances where joint custody would not be in the child’s best interest, they may award the noncustodial parent visitation rights. Essentially, this allows the child and parent to spend time together on a scheduled basis. This includes overnight visits, weekends, daytime visits, and nighttime visits. In some instances, visitation may be supervised if the court is worried about the non-custodial parent’s behavior.
What Can I Do if My Ex Refuses to Comply With Visitation?
When your ex-spouse consistently fails to comply with the visitation order, whether they drop the child off late to impede on your scheduled time or withhold visitation altogether, it can be incredibly frustrating. Unfortunately, many parents feel as though they have no rights in these matters, which is far from the truth. In reality, a parent who violates the custody arrangement ordered by the court can face serious consequences for their actions.
If your ex-spouse repeatedly violates the custody order, you can file a petition with the court to enforce the order. However, you should gather evidence that your ex refuses to comply with the order, such as text messages or email exchanges in which the violations are discussed. This can help show that the violations are repeated and not a one-time situation. As such, the court can enforce the orders by holding your spouse accountable with fines, fees, and even criminal charges, like being held in contempt of court.
When your spouse withholds your right to visit your child, it can be devastating. However, it’s critical to understand that the law is on your side in these matters. As such, it is in your best interest to connect with an experienced attorney from the Law Offices of Jay D. Raxenberg, P.C. Our team understands how frustrating these matters can be, which is why we will do everything in our power to help you right for the best possible outcome. Contact us today to learn how we can help you.
