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What happens when my ex doesn't follow visitation orders?

Divorce isn't an easy event to get through. When children are involved, there is much more at stake. Perhaps you have battled it out in court to have custody of your child and your ex isn't taking it very well. This can often lead to interference with child custody or visitation orders. What recourse do you have when this happens?

In New York, when one parent fails to abide by the child custody or visitation order, the other parent does have options. He or she can contact the attorney who represented him or her during the divorce or child custody proceedings. This is often the wisest move because the attorney is already familiar with the particulars of the case.

Another option is to notify the police. While it is not a given that you will receive the outcome you want, at the very least a police report can be made about your ex's actions.

Finally, you can file a petition with the court. A hearing will be held and the judge could decide to change the child custody or visitation order. He or she may also impose sanctions on the parent who failed to comply with the court's order. Nassau County does have a form that you can complete and submit to the court; however, an error could end up causing difficulties with your case. Again, this is why you may want your attorney to handle such actions.

Child custody and visitation can be contentious. Remember that the court will always consider what is in the best interest of the child. It's important that the court see that you are as well.

Source: Weinstein, Kaplan & Cohen, P.C., "Child Custody," accessed April. 30, 2015

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