On behalf of Cobert, Haber & Haber Attorneys at Law posted in Child Custody on Thursday, December 29, 2016.
Divorce in New York can be such messy affairs, especially when there are children involved. If you are being denied access to your kids by your ex, you may find yourself wondering if there is any way that court-ordered visitation can be enforced. There may be legitimate reasons why your ex is not complying like scheduling conflicts or illness. However, you should try to work with the other parent to resolve those issues and make modifications as needed. As frustrating and heartbreaking as this experience may seem there are ways you can overcome it.
Each time you attempt to honor your end of your children’s visitation only to be sidelined by your ex-partner, contact law enforcement to make a complaint. This establishes legal documentation that can be used to show the history of your visitation attempt being denied. You should also keep copies of any correspondence like text messages, emails, social media messages and other correspondence you have with your former spouse regarding the situation.
Make every good faith effort possible
If your former partner has an attitude that rubs you the wrong way and makes you not want to deal so you can see your kids, that is not sufficient cause to claim denial of visitation. You should remain pleasant, professional and cordial and exercise every legal effort you can to see your children according to your visitation schedule.
Seek out court intervention
If your ex continues to refuse you access to your children and you have tried everything possible to remedy the situation, you may need to get the courts involved. Depending on the issues that are involved in the situation, you may petition the courts to modify the visitation schedule, enforce it and allow you additional days with your kids to make up for any time that was missed, states Dadtography.
Visitation orders are enforceable. However, parents should work together to ensure that their children’s interests and rights are protected along with their own by working out their co-parenting issues and schedule conflicts on their own before escalating the situation to the courts.
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