New York Divorce Attorney Discusses Child Custody Order
Question:
Two spouses have shared custody. One of the spouses took the daughter out of state on a weekend visit and they slept at a friend of the spouse’s house. Does this violate the court order? The other ex regularly has someone over at night while the child is present. Is this spouse breaking the law?
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Answer:
As an experienced New York Divorce Attorney, I do not think the spouse who took the daughter out of state for a sleep over broke the law. That being said, you must refer to the specific language of your custody Order. If there is a provision that you must seek permission or notify the other parent before travelling out of state with the child, you could be found in “violation” of your custody Order. Similarly, if there is a provision in your Order regarding having guests spend the night in your home without notification to or consent of the other parent, then it is also possible that your ex could be in violation of the Order. If your Order is silent on an issue, then you are not in violation of that order.
In order to be found in “violation” of a court Order, your ex would need to file a “Petition for Enforcement” with the Family Court. If the Family Court then determines that you intentionally failed to follow the terms of the Order, they will find you in “violation.” In most cases, the practical result is just a slap on the wrists to the offending parent. The court, however, does have the authority to punish the offending parent by fine, modification of the existing custody order, directing the offending parent to pay the non-offending parent’s legal fees, and even incarceration. This is why it is extremely important to be very familiar with the exact terms of your custody Order, and consult an experienced attorney if and when a question regarding compliance with your Order arises.
Do you have questions about your child custody order? If so, contact the experienced New York Divorce Attorney Jennifer Sunderlin Morton.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, an experienced New York Divorce Attorney. This does not consent an attorney client relationship.