One of the most contested matters in a divorce or termination of a romantic relationship involving children is the division of parenting time. In most situations, the court favors a custody agreement that enables the child to maintain a relationship and share time with both parents. Provided both parents adhere to the terms of the parenting plan, the arrangement may continue as designed unless and until circumstances warrant a change.
There may be occasions where a parent does not adhere to the existing child custody agreement, though, compelling the other parent to pursue enforcement through the courts. When you find yourself in this situation, you should speak with a Manhattan child custody enforcement lawyer to assess your viable legal options. Our experienced parenting time attorneys could map out a strategic course of action without delay.
When it comes to child custody matters, courts in Manhattan tend to favor an arrangement where both parents share legal custody of the child, while one parent retains primary physical custody.
In other words, both parents share decision-making authority, while the child enjoys the stability of residing with one parent and having established visitation time with the other. However, some child custody agreements may provide for the child to reside with both parents for equivalent periods of time.
Kansas Statutes Annotated § 23-3201 is clear that the ultimate outcome of child custody matters as well as the determination of who retains legal vs. residential custody is ultimately based upon what is in the child’s best interests. A well-practiced lawyer can provide deeper insight into the laws governing child custody and enforcement matters in Manhattan during an initial consultation.
There are a few unique situations where it might be necessary for someone to call upon qualified legal counsel in Manhattan to enforce a child custody agreement. For example, if the parent who does not hold primary physical custody of the child neglects to adhere to the parameters of the established parenting plan, it may warrant decisive legal action.
Likewise, there may be instances where the parent with whom the child primarily resides is not permitting the other parent access to the child as laid out by the parenting plan. A seasoned Manhattan child custody enforcement attorney can provide indispensable guidance in such situations and help confirm whether a violation has occurred and what the next steps might be.
When one parent violates their custody agreement, there may be several courses of action available for the other parent to pursue. A capable Manhattan lawyer can assist the aggrieved party with filing a motion requesting the court to enforce parenting time, which would outline in detail the ways in which the other parent failed to meet their obligations under the current custody plan.
A proactive attorney can also help the parent submit a motion for contempt to the court, if appropriate. Should the court find the non-abiding parent in contempt, it could result in a range of consequences—such as modification of the child custody agreement or even financial punishment.
When you find yourself in the difficult situation with your co-parent where you need to pursue enforcement of your child custody agreement through the court system, you need not do so alone.
A Manhattan child custody enforcement lawyer can analyze the details of your situation and advise you based on the framework set forth in your parenting plan. Call today to set up a consultation with skilled legal professional.