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Resolving disputes creatively

What to do if a parent does not obey a custody order

There are many different views on how a child should be raised in New York. Child psychologists and other professionals have varying recommendations about what is best and those recommendations have changed over the years. Today, in general, children are raised differently than they were decades ago. However, as there are many different views, anyone can decide how to parent their child based on what they believe is best for them.

Sometimes parents do not even agree amongst themselves on what is best for the child. They may be able to work through some of their issues while they are together, but if they divorce or separate they may not have the incentive to compromise. They could then each separately begin to parent the way they feel is best. Sometimes this even means that a parent will violate a child custody or visitation order.

There are many ways that a parent may violate an order. One common way is that they do not allow the other parent to have their court-ordered visitation with the child. If this occurs that parent can bring a motion before the court to enforce the order. Once the motion is filed, a hearing will be scheduled and the parents will have an opportunity to plead their case in front of a judge. If the judge finds that a parent violated the order, the judge may place sanctions on the parent or modify the current custody order.

Many parents in New York have children with a person they are no longer in a relationship with. The parents most likely have a child custody or visitation order regarding who makes decisions for the child and when each parent has the child. These are court orders and if they are violated judges can impose sanctions and other penalties against the violating parent. These are very fact specific matters and understanding the law and the order is very important.

Source: NYCourts.gov, "Custody & Visitation" accessed on August 2, 2016

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