When it comes to custody matters in New York, it’s important to understand the legal limits of withholding visitation. A parent may find it frustrating to maintain equal parenting rights when their ex is not meeting their support obligation. However, before blocking parenting time, it’s crucial to understand the potential penalties. Please continue reading to learn whether you can legally deny visitation due to child support delinquency and how a seasoned Suffolk County Child Visitation Attorney can help you navigate your legal options.  

Is Withholding Child Support Legal Grounds to Deny Visitation?

First and foremost, it’s crucial to understand that child support and visitation rights in New York are separate legal issues. Therefore, a violation of one doesn’t constitute a violation of the other. For instance, a parent cannot withhold child support as retaliation if the other parent interferes with visitation, nor can they bar parenting time if the other party fails to provide support. 

Denying visitation is prohibited and should only be done in very limited, urgent circumstances where the child’s safety is at risk. If you believe visitation poses a threat to the child, you must seek a temporary emergency court order. 

To address unpaid child support, you should take enforcement action. It’s advisable to reach out to the state’s child support services to compel the non-custodial parent to pay. These governmental bodies are authorized to employ various methods, including garnishing wages, seizing tax refunds, and revoking driving privileges, to ensure compliance. Taking swift action as soon as payments fall behind is essential to protect your rights. 

What Are the Consequences of Non-Payment?

Failure to comply with a court-ordered visitation schedule in New York can result in serious legal repercussions. Parents must ensure the existing visitation plan is followed, even if the child expresses an unwillingness. 

Violating a visitation order can lead to the following penalties: 

  • Contempt of Court: This charge can result in hefty fines, legal fees, and potentially time behind bars. 
  • Modification of Custody: New York judges have the authority to modify an existing parenting plan, which may result in a reduction of your parenting time and potentially grant primary custody to the other parent. 
  • Compensatory Visitation: New York courts can also impose make-up visitation to compensate for missed parenting time. 
  • Counseling: You may be subject to mandatory family therapy or counseling to address underlying issues. 

What If My Child Refuses to Go?

As mentioned above, a child’s opposition to visitation doesn’t shield you from the legal repercussions. If your child refuses to go, you need to document everything, noting the specific reasons for their refusal, such as genuine fear, concerns about safety, or allegations of abuse, all of which are serious matters the court will look into. 

Additionally, you must be upfront about the child’s refusal with your co-parent. You should collaborate to manage the child’s reluctance. Ultimately, if there isn’t an immediate threat of harm, you must comply with the parenting plan in effect. 

At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you determine the best course of action. Connect with us today to schedule a consultation.