Most parents want to spend as much time with their child/ren as possible. After a divorce or separation, parents often need to give up some of their parenting time to their child’s other parent. Whenever people need to share custody, disagreements over parenting time can occasionally arise. If your child/ren’s co-parent refuses to abide by the terms of your existing custody Court Order, you probably feel overwhelmed and frustrated and may have considered consulting with a local child custody attorney.
A Rochester child custody enforcement lawyer from The Colwell Law Group may be able to protect your parenting rights.
When a child’s parents do not live together, the parents need to establish a custody arrangement that will determine both legal and physical custody of the child/ren.
In most parenting situations, both parents share legal custody, giving them the ability to make important decisions about their child/ren’s health care, schooling, and religious upbringing. When legal custody is shared, both parents must agree on these key decisions.
Physical custody determines where the child/ren will live. Many parents have joint physical custody, meaning they share parenting time. For instance, the child/ren may live with one parent during the week and spend weekends with the other.
Disputes can arise between parents over both legal and physical custody of their child/ren. In a legal custody dispute, one parent may enroll the child in a parochial school without the other parent’s consent. In a physical custody dispute, a parent with primary custody may refuse to allow the child/ren to visit the other parent. Or a noncustodial parent may refuse to return the child after their visiting time has ended.
Our team of experienced Rochester attorneys skillfully handles disagreements over both physical and legal custody and knows how to help parents seek enforcement of their child custody agreements.
A child custody agreement is a legally enforceable Court Order that both parents must agree to respect and abide by. When one parent violates the Court Order, they cause problems for the entire family and could also be in contempt of Court.
If the child/ren’s co-parent repeatedly violates the custody agreement and is unwilling to respect its terms, a parent should seek legal assistance. Our local Rochester lawyers may be able to offer helpful advice and guidance regarding the enforcement of parenting rights and child custody Orders. Our dedicated legal team can file a motion with the Court to seek enforcement. The Court would schedule a hearing and a well-versed attorney would advocate for enforcement of the existing Court Order.
Our team has also successfully represented parents who have been wrongfully accused of violating a custody Order. If there is an emergency, such as when a parent refuses to allow any visitation, we may seek an emergency Court hearing to address the issue. Our experienced lawyers know how to advocate for your parental rights.
Child custody agreements are important for families. If your child/ren’s co-parent has violated the terms of a Court Order, a Rochester child custody enforcement lawyer may be able to take the necessary steps to protect you by pursuing a Court Order to enforce your existing child custody arrangement.
Contact us today to schedule a complimentary consultation and see how we may be able to assist you.
Colwell Law
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(518) 462-4242
1241 Pittsford Victor Rd