When parents divorce or separate, custody agreements are often put in place to establish legal rules for the care and upbringing of their children. These agreements determine which parent has primary physical and legal custody, parenting time schedules, and other important details that ensure the children`s well-being.
Unfortunately, violations of custody agreements can occur, causing stress and uncertainty for both parents and children. In the state of New York, violating a custody agreement is taken very seriously and can result in legal consequences.
So, what are some common violations of custody agreements in NY?
Denying Parenting Time
One of the most common violations of custody agreements is denying parenting time to the non-custodial parent. This occurs when the custodial parent refuses to allow the other parent to visit with the children during their designated parenting time.
In NY, if a parent denies parenting time to the non-custodial parent, they can be held in contempt of court and may face legal consequences such as fines, loss of custody, or even imprisonment in extreme cases.
Interfering With Communication
Another violation of a custody agreement is interfering with communication between the child and the non-custodial parent. This can include not allowing the child to talk on the phone or communicate through email or text messages with the other parent.
In NY, a custodial parent who interferes with communication can also be held in contempt of court and may face legal consequences.
Relocating Without Permission
If a custody agreement is in place, the custodial parent must obtain permission from the court before relocating with the child. This is to ensure that the non-custodial parent`s rights are protected and that the child`s best interests are taken into account.
If a custodial parent violates the custody agreement by relocating without permission, they can be held in contempt of court and may face legal consequences such as loss of custody or fines.
What Should You Do if the Custody Agreement is Violated?
If your custody agreement is violated, the first step is to document the violation and try to resolve the issue through mediation or communication with the other parent. If this does not work, you may need to seek legal assistance.
A family law attorney can help you file a petition with the court to enforce the custody agreement, and the court may order the violating parent to comply with the agreement and may impose penalties such as fines or loss of custody.
In conclusion, violating a custody agreement in NY is a serious matter, and parents who violate the agreement may face legal consequences. If you believe that your custody agreement has been violated, it is important to document the violation, attempt to resolve the issue amicably, and seek legal assistance if necessary.