What to Do When Visitation Rights are Violated
Visitation terms are included in divorce settlements so that noncustodial parents have a legal right to spend time with their children. It is important to know that visitation terms are court orders that must be upheld. If your visitation rights are being violated, consider the following suggestions:
- Keep track: Maintain a written account of each time your visitation rights are violated. If your spouse routinely cancels or interferes with your scheduled plans to spend time with your children, it will be important to have a record of this behavior. Be sure to note the date, time, explanation provided by the custodial parent and any efforts you made to reschedule time with your children.
- Take initiative: If you and your former spouse are on speaking terms, and the visitation infraction is minor, it may be worthwhile to attempt to come to a resolution through discussion. Try to identify what caused the breach in your agreement and how to prevent it from happening again.
- Get help from the court: If discussion is not an option, or when visitation violations continue, it may be time to resolve the issue in court. By filing a motion with your local court, you and your spouse will be required to appear before a judge. The judge has the ability to enforce your visitation schedule, change custody and alter alimony payments as appropriate. Judges can also hold parents who violate visitation orders in contempt of court.
- Be aware of special exceptions: When a parent believes that children would be at risk under the supervision of the visiting parent, they may breach visitation orders so long as they can support the action before a judge.
If you believe your parental rights are being violated and would like the help of sound legal counsel, consult the skilled Long Island child custody attorneys with Bryan L. Salamone & Associates.