Child visitation is one of the central issues when a couple is divorcing or after the divorce is finalized. Visitation with a biological child is not a privilege for either the parent or the child. It is a right of both to be able to maintain a good relationship regardless of other issues when a family divides. Many times the custodial parent will attempt to connect visitation with other issues such as child support, but the truth is these are separate issues and problems like child support delinquency are not acceptable reasons for the custodial parent to be difficult or deny the other parent an opportunity to visit with their child. Visitation rights are always addressed by the court during a divorce proceeding and visitation instructions must be followed directly according to the stipulations of the order. Our divorce professionals at Spodek Law Group understand this problem and are always focused on the parental rights of both the child and parent when visitation is being denied.
New York is one of the states that encourages all divorcing couples to submit a feasible parenting plan when filing a divorce. This is done in all typical divorces and is viewed by the court as a sign of amiable attitude between the parents. However, even when a parenting plan is provided and agreed upon, problems can still arise that result in visitation being a difficult issue when one parent refuses to comply with order or relocation is a necessity for one parent. When it appears a potential problem is looming or has already occurred, parenting plans can still be modified with court approval. We understand that ongoing relationships between parents and children are important and we are always available to help our clients work these problems out within the New York City family court system.
Visitation orders are valid instructions from the court issuing the order and failure to comply with the order can result in a contempt of court charge for either party, depending on the circumstances. The party who has been denied visitation according to the order must petition the non-compliant parent to court for a reevaluation of the visitation order and examining if a contempt of court charge applies. Our attorneys at Spodek Law Group know how to craft a petition for visitation compliance evaluation and monitoring, including modification of a parenting plan or visitation order.
Emergency Visitation Suspension
Sometimes there are extenuating circumstances that can result in a parent’s visitation rights being suspended until any particular situation can be alleviated. There is a variety of situations when this could occur, such as inability to properly care for the child during the visitation period. When parents actually have the child visiting in their home they must be able to provide for the safety and welfare of the child during that time, and children do have the right to refuse visitation in certain situations like this. In addition, parents who experience legal problems may also have their visitation suspended temporarily. We understand that calamities often happen within a family unit and will work diligently with our clients for a successful legal resolution concerning the visitation rights of all involved parties.