If a Court granted you custody or parenting time rights, yet your child’s other parent is not following the order, there are steps you can take to ensure the Order is followed. It is always best if both parents to maintain a healthy relationship with their child, and each other after they have separated or divorced. However, if your child’s other parent is interfering with your ability to do so, you should immediately contact The Law Offices of David L. Martin, Esq. P.C., who can help you take action.
Enforcing an Order of Custody and/or Parenting Time (also known as “Visitation”)
The first step is to either file a Petition with the Family Court, or an Order to Show Cause with the State Supreme Court where the Order was issued for enforcement/violation. The specific type of Petition or Order to Show Cause and the required information to be included in these applications are crucial in determining whether or not the Court will grant the proper relief that you are seeking. The Law Offices of David L. Martin, Esq., P.C. is ready to analyze your case and will assist you in filing the proper Petition.
When filing a Petition, it is helpful to have the following information available:
- The name and address of your child’s other parent.
- A copy of the custody/visitation Order.
- The name, address, and birth date of the child.
What to expect at an initial legal consultation and case review with The Law Offices of David L. Martin, Esq., P.C.?
If you choose to meet with David L. Martin, Esq., Mr. Martin will give you a free consultation, gather necessary information and tell you what your legal options are. In the event that you retain the firm to represent you, The Law of Offices of David L Martin Esq., P.C. will properly prepare all legal documents for your signature. Once prepared, the firm will file the papers and advise you of a court date. Further, Mr. Martin and his firm will take care of following through and confirming that the other party was properly served and knows when to come to Court.
Mr. Martin, who has over 32 years of experience in this field will be at your side at all Court appearances to zealously advocate your position and explain to you both what is going on and whether a settlement is possible or if the case needs to go to trial.
In the event the facts or other party prevent a settlement, Mr. Martin will be ready to prepare you and try your issues either in the Family Court or the Supreme Court. While settlement is always a priority for the firm, this firm does not back away from proceeding to trial if necessary.
While You Wait for the Court to Process Your Forms
As frustrating as it might be to not be able to see your children during the times the Court has allotted you to spend with them, it is important for you to avoid confrontation with your child’s other parent while you wait for the Court to process your forms and get you in. The fact is, when a custody/parenting time Order has been issued, the child’s parents are required to abide by it.
Anytime a parent fails to follow a Court Order, he or she could be faced with various punishments, including a change of custody, or loss/modification to their parenting time. Therefore, while you wait for the Court to enforce your custody/parenting time Order, it is best that you work closely with a dedicated family law attorney such as those at The Law Offices of David L. Martin, Esq., P.C. who can help you build your case against your child’s other parent and obtain enforcement of all existing Orders.
The Law Offices of David L. Martin, Esq., P.C. is located at:
1415 Kellum Place, Suite 205
Garden City, New York, 11530