When you and your spouse decide to file for divorce, it can be incredibly difficult to cope with the impact it will have on your relationship with your child. This can only grow more upsetting when the courts decide to grant you visitation as opposed to custody. However, cherishing the time you can spend with your child is critical. Unfortunately, if your ex-spouse refuses to comply with the visitation order imposed by the court, it can impact how much time you spend with your child. As such, it’s imperative to connect with an experienced Nassau County child visitation lawyer to help you protect your rights in these matters.
What Is Visitation in Custody Terms?
When you and your spouse file for divorce and cannot reach an agreement on custody, the court will intervene. They will make a decision based on the child’s best interest standard which requires them to prioritize the health and wellbeing of the child above all else. However, you should note that when possible, the courts will try to award equal custody as they believe it is best for the child.
If the courts decide that it is not in the best interest of the child to be in the care of one parent, they can grant full physical custody to the other. In many instances, unless the child would face harm, the court believes that maintaining a relationship with both parents is integral to the identity of the child. As such, they may grant the non-custodial parent visitation rights. Essentially, visitation allows the child to spend time with the noncustodial parent without them assuming custody.
Visitation can take the form of overnight visits, dinners, daytime visits, or even extended visits over summer vacation. However, the court may order that visitation be supervised, meaning a third party must oversee the visit between the parent and child to ensure the safety of the child.
What Should I Do if My Ex Refuses to Comply With Visitation Orders?
When your ex repeatedly violates the custody arrangement and visitation schedule, it can be incredibly frustrating. Whether they consistently drop the child off late, thus reducing your time together, or they fail to drop the child off altogether, it’s critical to understand your legal options.
Generally, the most important thing you should do is document all instances of violations. This can include writing down dates and times or compiling texts showing your ex’s excuses for the violations. If you have tried discussing this matter with them to no avail, it’s critical to connect with an experienced attorney who can help you take the necessary steps to enforce the order.
You can file a petition with the court, submitting the evidence you’ve gathered to show the repeated inability to comply with visitation. After review, if the court agrees, they will take steps to enforce the custody order. This typically includes fines and fees, but can even result in your ex being held in contempt of court for the violations.
If your visitation rights are repeatedly impeded by your ex-spouse, it’s critical to connect with an experienced attorney with Barrows Levy PLLC. Our firm understands how difficult these matters can be to navigate, which is why our team is here to assist you. When you need guidance, contact our firm today to learn how we can fight for you.
