When you and your partner decide to go your separate ways, one of the most contentious matters you will need to resolve is parenting time. Understandably, the time you get to spend with your children is precious and you undoubtedly want what is best for them. However, child custody issues can be complex, and determining which custody arrangement is right for you can be difficult. Once a parenting plan is in place, it’s crucial to adhere to the terms. It can be incredibly frustrating if your ex continually ignores their allotted custody time. Please continue reading to learn your legal options for these matters and why connecting with a knowledgeable Suffolk County Child Custody Attorney is in your best interest.
How is Custody Determined?
In New York, the court can order various types of custodial arrangements for children, including sole custody, joint legal custody, and shared legal and physical custody. The court makes decisions about child custody and parenting time based on a child’s best interests. Essentially, they prioritize a child’s welfare and happiness over the parent’s wants and wishes. As such, they will consider the following:
- The age and health of each parent
- Each parent’s ability to meet the child’s needs
- Who was the primary caretaker before the split
- Whether the parents have a history of domestic violence or neglect
- Each parent’s willingness to foster a continuing relationship between the child and the other parent
- Each parent’s income and employment responsibilities
- The child’s parental preference (if sufficient age)
- Any other relevant factors
What Can I Do if My Ex Keeps Our Child Past Their Allotted Custody Time?
When your ex is guilty of habitual tardiness when it comes to dropping off your child, it can be incredibly frustrating. While you may want to retaliate, you should refrain from doing so. Instead, you should remain calm and continue to adhere to the parenting plan, even if your ex isn’t. If they keep your child past their allotted custody time, you should document each instance they violate the terms of your custody order. When you speak to your ex about these matters, you should keep the communication to text or email, this way you can obtain written evidence to support your claim.
At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you petition the court to enforce the custody order. We understand how important protecting your parenting time is. As such, we are committed to fighting for you. Connect with our dedicated legal team today to learn how we can assist you during these challenging times.
