“My ex is making it difficult for me to see my children. What should I do about custody or visitation?”
Unfortunately, custody and visitation cases in New York are messy. There are no winners in custody battles. When one parent will lie, and make false allegations, it is difficult for some Judges to have a clear understanding if one party is actually telling the truth.
Dealing with custody and visitation issues can be particularly challenging and emotional. In New York, as in many places, these matters can become complicated, especially when one parent obstructs the other’s access to their children. If you find yourself in a situation where your ex is making it difficult for you to see your children, there are specific steps you can take to address this issue effectively and legally.
Understanding Your Legal Rights
First and foremost, it’s important to understand that both parents have rights unless otherwise dictated by a court order. If there is already a custody agreement in place and your ex is violating it, they are not only undermining your relationship with your child but also acting against the law.
1. Review Your Custody Order
Begin by reviewing the terms of any existing custody or visitation order. This document should outline your rights and responsibilities as well as those of your ex. Understanding the specifics of this order is crucial in determining the next steps.
2. Document Violations
Keep a detailed record of all instances when your ex impedes your visitation rights. This documentation should include dates, times, and descriptions of each incident. Text messages, emails, and other communications should be saved as they could serve as evidence in court.
Legal Recourses
If your ex continues to prevent you from seeing your children, you have several legal options to enforce your rights:
3. Seek Legal Advice
Consult with a family law attorney who specializes in custody and visitation issues. An experienced lawyer can provide you with advice tailored to your specific situation and help you understand the best course of action.
4. File a Motion
Your attorney may suggest filing a motion with the court to enforce the visitation order. This motion can compel your ex to adhere to the agreed-upon terms under the threat of legal consequences such as fines or modifications to the custody arrangement.
5. Request a Modification of the Custody Order
If ongoing issues persist, you may need to request a modification of the existing custody order. Changes in the order may be necessary if you believe that the current arrangements no longer serve the best interests of your child.
Supporting Your Child Through the Process
Amidst the legal battles, it’s vital to maintain a stable and supportive environment for your child. Communicate openly with them, reassuring them of your love and commitment without involving them in legal disputes.
6. Encourage Communication
Make every effort to keep communication lines open with your children, whether through phone calls, texts, or digital platforms, especially when face-to-face interactions are obstructed.
7. Stay Positive
As difficult as it may be, staying positive and focused on the welfare of your child is crucial. Avoid criticizing your ex in front of the children and strive to remain a source of security and affection for them.
Hiring a Brooklyn Child Custody Attorney
No matter how angry you are at the other parent, always decide your strategy on what would be best for the child and or children. Is it worth it to have a custody or visitation fight for an extra day per week? Some people would say yes. However, others would say it was not worth dragging the kids through the process. In the end, nobody wins. Judges do not want to decide every aspect of each case that is before them. When negotiating a custody or visitation case in NY, remain firm in your position, however, try to understand the other side’s position and try to develop a settlement that both of you can live with.
Custody and visitation disputes are distressing for all involved, but knowing how to navigate these challenges can make a significant difference. By understanding your legal rights, documenting violations, and seeking appropriate legal counsel, you can take effective steps to ensure your relationship with your children is protected. Above all, maintaining a compassionate and supportive approach towards your children will help them feel secure throughout the process.
Contact us at 877-826-7257 today to get started.