Holidays often intensify emotions for separated parents. When both desire to share these special occasions with their children, disagreements can quickly surface, particularly if one parent disregards the established visitation schedule. In New York, comprehending holiday visitation protocols is essential for protecting your parental rights and preventing future disputes. Continue reading as we delve into the repercussions of not following a holiday visitation order and how a dedicated Suffolk County Child Visitation Attorney is prepared to help.
What Does Holiday Visitation Mean in a New York Custody Agreement?
In New York, “parenting time” defines the legally recognized schedule for each parent to spend time with their child, with separate holiday arrangements often taking priority over the standard custody schedule during designated holidays. Most parenting plans involve alternating major holidays like Thanksgiving, Christmas, New Year’s Day, and Hanukkah, though some parents opt to divide holidays within the same day or alternate years. Regardless of the specific arrangement, court-approved parenting plans are legally binding court orders that both parents must adhere to unless officially modified by the court.
What Happens If My Ex Refuses to Follow the Holiday Visitation Order?
If your ex refuses to comply with the holiday visitation order by withholding access to your child during the allotted time, this will be considered a violation of a court order. Such violations can lead to various consequences, including contempt of court charges, modification of custody or visitation rights, make-up holiday visitation, or other sanctions for repeated offenses.
It’s important to keep written proof of the denied visits, such as text messages, emails, and call logs. As frustrating as this situation can be, you must refrain from heated exchanges. Any negative reactions may be used against you, jeopardizing your case. A qualified family law attorney can help you understand your legal options. They can assist you with filing a motion to enforce.
Can I Be Penalized If I Withhold Visitation for Safety Reasons?
In the state of New York, it may be permissible to withhold visitation rights if you can demonstrate that your child would be in imminent danger while in the care of the other parent due to issues such as substance abuse or neglect. It is advisable to report any concerns to the Child Protective Services (CPS) rather than taking unilateral action. Consulting an attorney can facilitate the process of requesting temporary emergency custody while your concerns are investigated.
If your ex refuses holiday visitation, please don’t hesitate to contact an attorney at the Law Offices of Susan A. Kassel, P.C. Our legal team is prepared to help preserve your parenting time. Contact us today to schedule a consultation.
