Robert G. Smith, PLLC

Enforcing visitation time in a child custody order

After a New York judge has issued a child custody order, the parents involved are expected to follow the order. Failure to comply with a child custody order could result in a parent having to pay fines and compensation to the other parent. In some cases, the child custody order could end up being modified as a result of one parent's noncompliance with the order.

There are some family law cases in which a noncustodial parent does not exercise the parenting time that they were awarded in the child custody order. Courts may deal with this problem in a number of different ways. Some judges may modify the child custody order to reflect the actual time that the noncustodial parent is spending with their child. Other judges might try to persuade the parent to use their parenting time by imposing fines or threatening to increase the parent's child support obligation.

There is a lot of disagreement about how to handle a situation in which the noncustodial parent is not visiting their child. Many people agree that reducing parenting time could have a negative impact on the child. However, coercing a parent into visiting their child by fining them and raising their child support obligation is not allowed in all states.

A parent who is unsatisfied with the child custody order that was issued after a divorce might want to speak to a family law attorney. Because every family's situation is different, an attorney may be able to help the parent to determine whether or not to pursue a child custody modification.

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