Life can be difficult for a family during and after a divorce, especially if children are involved. With all the changes and conflicts that may happen throughout this process, it is not uncommon for relationships to change and for children to resent one or both parents. However, when it comes to child custody in New York, children are obligated to comply with the parenting time or visitation agreement set forth in the court order.
Visitation in New York
Although, in some cases, a judge may consider a child’s wishes in a custody or visitation case, especially if they are older, the court must ultimately base its decision on the child’s best interests. Therefore, if it is determined that parenting time with the non-custodial parent is beneficial, the child must attend. Moreover, it is the custodial parent’s obligation to make the child reasonably available for visitation. While there are certainly some circumstances where it may be acceptable to cancel or reschedule visitation, such as illness, it is the responsibility of the custodial parent to comply with the court order that is in place.
If the court believes the custodial parent is attempting to turn the child against the non-custodial parent, that parent may face legal consequences for attempting to interfere with the non-custodial parent’s visitation rights. As a result, the custodial parent may be found in contempt for refusing to comply with the court order.
Of course, there are some reasons a judge may consider valid for refusing to comply with the court order. For example, if the non-custodial parent’s home is unsafe or there is evidence that indicates the child may not be properly cared for, the court may order supervised visitation or eliminate it entirely.
Speak to Our Experienced Child Custody Attorney About Your Case Today!
If your child is refusing to visit you or you believe your ex-spouse is interfering with your visitation time, the legal team at the Law Office of Tzvi Y. Hagler, P.C. can provide the guidance you need to navigate it. With more than a decade of experience on our side, you can feel confident you will receive the personalized attention and tailored solutions you need to obtain the best possible results for your case.
Reach out to our law office today at (516) 514-3868 to schedule a consultation with our skilled attorney to get started on your child custody and visitation case.