When you and your partner divorce or are no longer together, and you receive visitation rights, you may be excited to spend valuable time with your child. However, when their other parent does not allow you to see the child, you may be unsure what to do. On Long Island and throughout New York, a parent typically cannot refuse visitation with a child unless they have a court order that allows it. As such, even if child support is unpaid or tensions are high, denying court-ordered visitation is generally a legal violation. If you’re having issues with the custodial parent continuing to refuse visitation despite having no court order granting them the right to do so, you’ll want to keep reading. The following blog explores what you must know about these circumstances and how an experienced Long Island child visitation lawyer can assist you through these frustrating matters.
What Is Visitation in New York?
When one parent is granted sole physical custody of a child for whatever reason, the other parent may be granted visitation rights. Essentially, this refers to any time the child spends with the non-custodial parent. It’s important to note that despite being determined in the same hearing as a custody arrangement, visitation and custody are considered two separate matters in New York.
Generally, unless the courts have a reason to deny it, parents have the right to visitation with their child. This can be a few hours a week to overnight visits on weekends.
Types of Visitation Arrangements in New York
- Scheduled weekly or biweekly parenting time, like weekends or evenings
- Overnight visitation or visits during summer break, vacations, or holidays
- Supervised visitation, if safety concerns exist
- Virtual visitation, like phone or video calls, if in-person contact is limited
- Make-up parenting time if visitation is missed due to emergencies
Can the Custodial Parent Refuse Visitation in New York?
If you try to spend time with the child, but the custodial parent will not let you, you may be unsure why. Unfortunately, some parents may be spiteful that the non-custodial parent gets to spend time with the child. Additionally, if you are behind on child support or missed a payment, they may prevent you from your court-ordered visitation time to punish you. However, it’s necessary to understand that the parent, despite having custody, does not have the authority to violate or defy a court order, even if you missed a payment.
The only time a parent is legally allowed to deny visitation rights in Nassau County to the other is if they have a court order granting them the right to do so. However, in limited emergency situations involving immediate danger to a child, a parent may temporarily deny custody. In these instances, the parent should seek court intervention as soon as possible to avoid legal consequences.
When Can Visitation Legally Be Denied?
- A court order specifically restricts or suspends visitation
- There is an immediate risk of harm to the child
- There is documentation of neglect, abuse, or unsafe conditions
- A judge has ordered supervised visitation only
- Emergency protective orders have been issued
Key Legal Considerations
- A parent cannot deny visitation without a court order
- Child support and visitation are separate legal issues
- Violating a visitation order can result in penalties imposed by the courts
- Courts always prioritize the best interests of the child above all else in custody matters
These matters often arise in New York family courts when one parent interferes with parenting time, and judges take violations of court-ordered visitation schedules seriously when determining enforcement or modifications of visitation and custody.
What Should I Do if My Ex Violates the Nassau County Court Order?
If your ex violates the court order allowing you to spend time with your child, understanding the steps you must take to do so is critical. When this occurs, be sure to document the instances. Whether you have a text message from the custodial parent or you show up to the designated meeting spot and the parent doesn’t bring the child, be sure to collect evidence.
It’s also important to understand that you should not violate the court order in retaliation. Though you may be frustrated, failing to return the child on time or withholding child support payments will only be held against you.
Steps to Enforce Your Visitation Rights
- Keep detailed records of all missed or denied visits (dates, times, and communication records)
- Save all texts, messages, emails, or voicemails as evidence
- Attempt reasonable communication to attempt to resolve the issue first
- File an enforcement motion with the family court in the New York County where you reside
- Request make-up parenting time or schedule adjustments
- Petition the court for further enforcement action or penalties if violations continue
Potential Legal Consequences for Violating Visitation Orders
- Court fines and monetary penalties imposed by the judge
- Formal orders to comply with the visitation schedule
- Modification of the custody arrangement
- Contempt of court findings
- Potential jail time, in extreme circumstances
What Courts Consider
- Consistent pattern of denied visitation
- Evidence of attempted resolution outside of court
- If denial impacts the child’s relationship with the parent
- Any safety concerns raised by either parent
How New York Courts Decide on Visitation Issues
On Long Island and throughout New York, the courts determine matters like custody and visitation in accordance with the “child’s best interests” legal standard. As such, the judge will consider a number of factors in order to determine what outcome best represents the well-being, safety, health, and development of the child.
Factors Considered by the Courts
- The emotional and physical well-being of the child
- The ability of the parents to provide a stable environment for the child
- The history of each parent’s compliance with the schedule and other court orders
- Any allegations of neglect or abuse
- The child’s preference, if they are old and mature enough to express their opinions
Contact an Experienced Nassau County Family Lawyer
When you need help, Barrows Levy, PLLC, is ready to assist. Our competent family law team has the experience you need to represent you if the custodial parent refuses to cooperate. Contact us today to learn more about how we can assist you.
