Visitation agreements and custody modifications in New York

Posted by Lauren S. CohenSep 06, 20180 Comments

Child custody and court-ordered visitations are important because children typically have needs and rights to be able to maintain healthy relationships with both parents. In many cases, parents can discuss concerns one has with the other's parenting style or household rules, and the two might come to an agreement between themselves. If the relationship is not on decent terms, trying to communicate may not work.

It is possible that extenuating circumstances may surface after a court order has been issued. With good enough reason, modifications to existing child custody and visitation agreements might be initiated. If a parent has enough cause or a compelling enough reason to believe that their child is in danger, they can act to revoke or change custody and visitation plans.

The best interests of the child are always considered by the courts. If a parent takes a stand and keeps their child from court-ordered visits with the other parent, the laws surrounding the subject of child abuse or child endangerment may prevail depending on the situation. A parent who ignores a court-mandated custody and visitation agreement could be held in contempt. However, if a parent chooses to avoid placing their child in a bad situation, the risk of contempt may be outweighed by an imposing danger to the child.

Custody and visitation issues can become tricky enough for divorced parents to handle, but when there are legitimate reasons for a parent to mistrust the other, it can mean that the responsible one needs to do the right thing to protect their children. If instances like this occur, a divorce attorney might help. Things can sometimes be solved without litigation, but the situation may require the court to make an informed decision. Once informed, a judge might rule to modify an existing child custody agreement.