Child custody disputes can take an emotional toll on parents and their children. Parents often must resolve custody and visitation matters in Court.
If you are having issues with your children’s co-parent following a Court Order about custody or visitation rights, consult a Saratoga Springs child custody enforcement lawyer. The dedicated child custody attorneys at The Colwell Law Group, LLC are here to support you every step of the way.
Before seeking to enforce child custody or visitation, a parent must first obtain a Court Order. When spouses are separated, they will need to reach an agreement on how they will share physical and legal custody of their children.
Physical custody refers to the parent’s responsibility for the physical care and supervision of the children. Legal custody means the parent may make important decisions about how to raise the children, such as medical care, religious upbringing, or education.
When parents cannot agree on child custody, they may file a petition to resolve the situation in Saratoga County Family Court. The Family Court is authorized to rule on child custody hearings under N.Y. Fam. Ct. Act § 651. Upon resolving the proceeding, the parents will receive a custody and visitation Order.
Courts do not have a specific standard to determine child custody. Instead, the Court will evaluate the totality of the circumstances to determine what is in the best interests of the children under N.Y. Dom. Rel. Law § 240. The following factors may be considered:
In cases where enforcing a child custody or visitation order becomes necessary, consulting a child custody enforcement attorney could help ensure that the best interests of the children are upheld and that legal rights are effectively protected.
When a parent disobeys a child custody Court mandate, the other parent may pursue legal action. They must file a petition to enforce custody or visitation in their local Family Court or the Supreme Court of the State of New York.
The parent pursuing the action must also provide a copy of the custody or visitation Order with their filing.
Failing to adhere to a child support Order means the Court may hold a parent in civil contempt. This is a criminal offense and may lead to dire consequences, with penalties that may include jail time, depending on the situation.
Obtaining a child custody enforcement attorney in Saratoga Springs may help preserve a parent’s custody or visitation rights.
When a parent has issues enforcing a child custody or visitation Order, they may also pursue an action to modify the Order, according to N.Y. Dom. Rel. Law § 240. The parent must file a petition for modification of custody or visitation in Family Court.
The Court will hold a hearing to allow the petitioning parent to explain their grounds for seeking modification. Similar to the original custody hearing, the court may consider a range of factors when deciding to modify a custody Order but will continue to prioritize what is in the best interests of the children. Some considerations that may lead a Court to modify a custody Order include:
Individuals can speak with a child custody enforcement lawyer in Saratoga Springs to discuss their situation with experienced legal counsel.
If you are having problems with a co-parent following a Court Order, you should speak with a Saratoga Springs child custody enforcement lawyer as soon as possible for a complimentary consultation.
Allow a hardworking family attorney to help you complete the relevant petition to enforce your custody or visitation Order. Our seasoned legal team may be able to advise on potential evidence to support your claim. Contact us today.
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