Co-parenting can be challenging, especially after a divorce or separation. If a co-parent is not picking up, dropping off, or letting you participate in important decisions about your children, legal action may be necessary to enforce the custody agreement. Instead of going into this process alone, consider teaming up with a seasoned Syracuse child custody enforcement lawyer.
The Colwell Law Group, LLC has been trusted by families throughout New York as they navigate challenges and transitions such as divorce, separation, or post-divorce conflict. We take the time to get to know our clients and their situation so we can develop a legal strategy that best supports their interests. Our respected child custody attorneys have years of experience helping parents draft and enforce fair arrangements.
When the time comes to carry out a child custody arrangement in real life, parents may encounter unexpected challenges. For example, one parent may be tied up at work and unable to pick up the children as planned or be late returning from a family trip and miss the regular drop-off time.
Occasional mistakes are bound to happen, but these issues can escalate when they happen repeatedly, without due notice, or in a way that hinders the other parent’s connection with their children. In these circumstances, it may be necessary for a parent to file an enforcement action in Court. Significant custody violations that may require Court intervention include:
For co-parenting to work and allow the children to thrive, both parents must respect the custody schedule. When this does not happen, Syracuse attorneys could help enforce the terms of the original child custody agreement. In some cases, this might take the form of the lawyer talking to the other parent, or it might involve filing a formal lawsuit.
If the other parent is consistently or severely deviating from the child custody Order, there are several ways for the parent to help encourage them to change course. In an ideal world, this resolution can be achieved through private discussions, when one parent persuades the other to see the errors of their ways and act differently. This type of amicable discussion is not always possible or feasible and often does not provide any guarantee about a parent’s change in behavior.
To formally enforce a child custody arrangement, a parent must petition the Family Court. A judge looks at the terms of the existing custody agreement as well as evidence of the violations to determine how to proceed. For example, where appropriate, New York Domestic Relations Law § 241 allows the judge to suspend spousal support payments if the custodial parent wrongfully refuses to let the other parent exercise their visitation rights.
Syracuse attorneys could help a parent explore potential enforcement options if their child’s other parent fails to uphold the child custody agreement. A lawyer could file the proper documents in Court and work to reach a successful resolution, helping to restore stability in the lives of both the parents and children.
You want to help your children thrive in their school, home, and community environments. If your children’s other parent prevents you from seeing them, you may feel as though precious time is being taken from you. To protect your parental rights, state laws empower you to take legal action to enforce a fair child custody arrangement.
At the Colwell Law Group, LLC, our attorneys could provide essential support to parents dealing with family conflicts, including helping them find workable arrangements for child custody and visitation. Contact a Syracuse child custody enforcement lawyer to schedule a complimentary consultation with a member of our team.
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