What To Do If Your Ex Violates A Child Custody Agreement In New York

In this article, you will discover:

• How to document child custody agreement violations in New York.
• How to file a petition for contempt against your ex if they repeatedly violate the child custody agreement.
• Whether mediation is helpful in resolving issues with child custody agreement violations.

How Can I Document Child Custody Agreement Violations?

Often, one parent will send text messages to the other, reporting that they didn’t show up for a visitation or return a child when they were supposed to. Those text messages can be introduced into evidence.

In the absence of text messages, testimony of parents or witnesses can be used. For instance, sometimes pick-ups and drop-offs occur at police stations. If so, the police may have a record of a parent not showing up at the approved time. A parent can also file a complaint at the police station stating that the other parent failed to show up when they were supposed to, creating a paper trail of evidence.

Can I File A Petition For Contempt Against My Ex?

Filing a petition for contempt against your ex depends on what the contempt is for. For instance, if it’s a violation of an order of custody or visitation, the petition for violation will be filed and served on the other party. Both parties are entitled to be represented by lawyers, either privately retained or court-appointed. If you have a child, your child will usually be appointed a lawyer.

These cases are usually settled. If there is no settlement, the judge will determine whether the court order was violated and what the remedy should be. While the maximum possible penalty is incarceration for up to six months, most penalties are far lighter.

Typical resolutions include:

• Granting you extra visitation time to make up for the time you missed
• Modifying the court order to reduce visitation if the other party is flagrantly violating the existing order

Will A Judge Modify Custody If My Ex Repeatedly Violates Our Court-Ordered Agreement?

Yes, a judge can modify custody if your ex repeatedly violates the court order.

To modify an order of custody or visitation, you must show…

1. That there has been a change in circumstances since the order was entered.
2. That it will be in the best interest of the child to modify the order.

If a parent flagrantly disobeys the court order, that qualifies as a change in circumstances. If you can demonstrate that change in circumstances and that a modification of the order would be in the best interest of the child, then the court will modify the order.

Should I Try Mediation Before Taking Legal Action Against My Ex?

Once a court case is filed, in most cases, you and the other party have the option of mediation. Mediation can be a worthwhile alternative to trial, and there’s no downside to the process.

Both of you would meet with the mediator and possibly with your respective lawyers, as well. The mediator will try to work out an agreement, but participation is voluntary. If either party doesn’t want to cooperate in mediation or you can not reach an agreement, the mediator will report this to the court without elaborating on what happened. Nothing would be said to disparage either you or the other party to the judge.

If an agreement is reached, the mediator will draw up the settlement agreement and send it to the court.

If you and the other party don’t settle, or if you change your minds about mediation, the case goes on as before. Neither of you would be adversely impacted by participating in mediation.

What Are The Legal Consequences For Multiple Violations Of A Child Custody Agreement?

Frequently, the parent who repeatedly violates the agreement will have their parenting time reduced. That means either visitation time is reduced or, if it’s the parent with custody who violated, the other parent is awarded more time with the child.

While those are typically the worst outcomes, it is theoretically possible for a court to hold the violator in contempt. Contempt could result in fines or incarceration for up to six months.

What Kinds Of Evidence Is Helpful In Custody Agreement Violation Cases?

School documents, medical documents, text messages, emails or social media posts may have relevance as evidence. Photos may also be relevant to prove allegations of mistreatment. If you have photos that you think prove abuse, keep them in a safe place and show them to your attorney as soon as possible so they can decide if they’re helpful.

Still Have Questions? Ready To Get Started?

For more information on child custody agreement violations in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 212-5945 today.