For most couples, one of the hardest aspects of filing for divorce in Nassau County and across Long Island 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.

Types of Visitation Orders in New York

  • Courts may order scheduled visitation, including weekends, holidays, and school vacations
  • Supervised visitation may be required if there are valid safety concerns
  • Virtual visitation, like video calls, may be included
  • Holiday schedules are generally separate due to their importance

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.

Steps You Can Take to Enforce a Visitation Order

  • Document all instances in which your spouse failed to follow the custody order
  • Save all evidence, like emails, texts, or calls that show a pattern of violations
  • File a petition with the court seeking enforcement of the order
  • Present evidence that shows a pattern of non-compliance
  • Request enforcement measures, such as make-up time or fines

Legal Consequences for Violating a Visitation Order

  • The court may impose fines and fees for violations
  • A parent may be held in contempt of court
  • The judge may modify the existing custody and parenting time order
  • If violations continue, the court can impose harsher penalties

What Should I Do if My Ex Refuses Holiday Visitation?

For many families on Long Island and throughout New York, the holidays can be a stressful time due to their emotional and cultural significance, making custody disputes unfortunately common. As such, these violations are taken seriously by the courts, especially if they disrupt an established parenting schedule.

Common Holiday Visitation Arrangements

  • Parents may alternate major holidays each year
  • If the parents live close to each other, they may split the day with the child
  • Fixed schedules can assign each parent a specific holiday each year
  • Agreements can include religious or cultural celebrations

What to Do if Holiday Visitation is Denied

  • Document the denied holiday visitation and review the existing court order
  • Communicate the matter in writing to establish a record of the violation
  • File a motion
  • Request visitation rights
  • Seek contempt if the violations continue

Additional Considerations for Visitation Enforcement in New York

Understanding how the Nassau County court, and courts across New York, for that matter, handle visitation enforcement can help you prepare for legal action to protect your parental rights.

Importance of Adherence to Custody Orders

  • Courts expect parents to strictly follow all custody orders and visitation schedules
  • Even minor deviations may be considered violations by the court
  • Consistency can help strengthen your position in the event you must seek enforcement

How the Courts Prioritize the Child’s Best Interests

  • The New York courts make custody decisions based on the best interests of the child
  • The courts seek to ensure the child can maintain a meaningful relationship with both parents
  • Repeated visitation denial may be viewed as harmful to the child

Ensuring denied visitation is properly addressed is vital to protect your right to your court-ordered parenting time with your child.

Contact an Experienced Long Island Divorce Attorney Today

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 Nassau County divorce 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 achieve the best possible outcome. Contact us today to learn how we can help you.