Child custody orders in New York are issued by the Supreme Court in divorce cases and the Family Court where petitions are brought for either child custody or visitation. When the court enters an order concerning custody and/or visitation the residential custodial parent needs to comply with these orders. Most custody orders contain detailed breakdowns as to when visitation is to start and end. The standard type of visitation granted by courts in New York give the non-residential custodial parent parenting time with the children every other weekend, every other holiday, access on birthdays and one dinner during the week.
Parenting Orders
Sometimes visitation orders interfere with the scheduling laid out by the custodial parent. In these situations, the custodial parent can communicate with the other parent and try to work out changes and/or modifications to the visitation arrangements. However, if the non-custodial parent does not agree to these changes he or she is entitled to visitation exactly as the court order indicates. The custodial parents who failed to abide by a court order can be subject to enforcement proceedings and contempt proceedings for violating court orders. In some situations, courts will even go as far as asking the custodial parent who violated the court order to pay the attorneys fees of the other parent.
Modifying Visitation Orders
Both parents have the ability to go back to court to try to modify the visitation order. The custodial parent can ask the visitation order be modified to reduce the access of the non-custodial parent. The non-custodial parent can bring an application to obtain more visitation or parenting time with the children. Courts today are very generous in giving the non-residential custodial parent access to the children.
Conclusion
If the parenting time (visitation order) no longer works for you, you can try to rework the visitation with the other parent or go to court to have the parenting order modified.
