Press Release (ePRNews.com) - Syracuse, NY - Dec 26, 2017 - This article will provide answers to frequently asked questions about child custody and visitation in New York.
There are a number of questions that are commonly asked in respect of child custody and visitation. This article will provide answers to frequently asked questions about child custody and visitation in New York.
1.Is the non-custodial parent always entitled to visitation with the child? It is important to realize that when a court awards custody to a parent, the non-custodial parent is usually entitled to visitation unless there is some showing that visitation with the non-custodial parent would not be in the best interests of the child. For example, in cases where the non-custodial parent has a history of child abuse or neglect. The general idea is that children do better when they are in contact with both parents regardless of which parent has custody. So when the court enters a custody order it will also issue a visitation order which specifies the days and times that the non-custodial parent can visit the child.
2.How can non-custodial parents enforce their visitation rights? In the case where a custodial parent interferes with the non-custodial parent’s visitation rights, the non-custodial parent can go to court and file a ‘Petition for Enforcement of a Visitation Order’. This is legal paperwork that is also referred to as a violation petition. The petition will state that the custodial parent violated the court’s visitation order. It is important to note that the non-custodial parent should be prepared to testify and give details of the specific occurrences of interference, for example, how many times the custodial parent interfered with visitation and when. The court will hold a hearing and if there are sufficient facts to support a violation, the judge can change the visitation order and/or impose sanctions or a fine on the custodial parent.
3.Can a non-custodial parent stop paying child support if the custodial parent interferes with visitation? One attorney stated that, “it is of great importance for all parents to understand the fact that courts view child support and child visitation as two separate issues. Hence why there is a child support order and a visitation order that are made separately. Therefore, a non-custodial parent cannot stop making child support payments unless he or she is authorized by the court. If a custodial parent interferes with visitation the non-custodial parent’s only remedy is to go back to court and ask for a suspension of child support payments.” Another attorney stated that, “in respect of non-custodial parents who have been denied visitation they should never take matters into their own hands by failing to pay child support. Because a failure to make child support payments can result in contempt of court which means you have violated a court order and can result in your being fined or ordered to serve time in jail. Further, child support pays for your child’s everyday needs whether you see your child or not these needs are still present”.
4.Can a custodial parent prohibits visitation if the non-custodial parent fails to pay child support? A custodial parent cannot stop or interfere with visitation if the non-custodial parent fails to pay child support. In fact, ‘New York has held that visitation cannot be terminated solely for reasons related to the welfare of the child’. The ultimate consideration is the best interests of the child and visitation between the non-custodial parent and the child is beneficial, unless it is found to be detrimental to the child.
For child custody and visitation issues consult divorce attorneys in Syracuse NY.
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Source : DeRoberts Law Firm