If your ex ignores a court-mandated custody agreement, it can be devastating. However, you don’t just have to sit by while your valuable parenting time is eroded. These orders cannot be disregarded. When one parent repeatedly and intentionally ignores the parenting plan, it impacts the child’s stability and undermines your parental rights. Please continue reading as we explore the legal options available in New York to ensure compliance and how a skilled Suffolk County Child Custody Attorney can help protect your family’s future. 

What Should I Do If My Ex Repeatedly Violates Our Custody Agreement? 

When a parent fails to comply with a legally binding court order, it can strain relationships and threaten the child’s emotional well-being by compromising their sense of stability. As such, it’s crucial to take the necessary steps to safeguard your parental rights and your child’s best interests. 

If they are repeatedly failing to abide by the terms of the parenting plan in place, you should address the issue directly with your ex before taking legal action. The violations may stem from a simple misunderstanding or scheduling error. By addressing the issue outside of court, you can address the underlying problem without escalating tensions. If you do confront your ex, it’s important to document everything thoroughly in the event you have to go to court. 

If direct communication proves unsuccessful, it’s time to enlist the help of an experienced Suffolk County child custody attorney who can help you file a formal motion. Depending on the unique circumstances, you may file a motion to enforce, a motion for contempt, or a motion to modify. 

What Can the Court Do? 

The court can impose various legal penalties and remedies to compel compliance. Common ways the court addresses non-compliance:

  • Compensatory Parenting Time: The court will award the affected parent “make-up” time. 
  • Financial Recompense: The court can order the violating parent to cover the cost of the compliant parent’s legal fees and other out-of-pocket expenses caused by the non-compliance. 
  • Contempt of Court: If the court deems the violation willful, it can result in hefty fines and potential time behind bars. 
  • Custody Modification: The court may find it appropriate to change the terms of the parenting plan to safeguard the child’s best interests. 

It should be noted that if there is an immediate threat to your child’s safety, such as suspected abuse, neglect, or parental kidnapping, you should contact the local authorities. 

At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you regain control of your custody agreement. Our legal team will help safeguard your parental rights. Connect with our firm today to schedule your initial consultation.