When parents enter into a custody order with the courts, the arrangements set forth in the order are legally binding and should be adhered to at all times. Sometimes, one parent violates the custody order in such a way that the other parent is forced to go back to court. In this situation, an experienced New York family law attorney can help guide you through the process in order to protect your parental rights.

How are custody orders violated?

Establishing a custody order that works for your family is an important aspect of any divorce. However, many post-divorce couples find themselves in situations where their custody order no longer works for their families. In New York, custody orders can be modified at any time in certain limited circumstances.

Establishing visitation is an important part of any custody arrangement and can be invaluable in fostering family continuity after a divorce or other domestic parting. If you are considering enforcing your visitation rights, a basic understanding of New York visitation laws will help you be better informed of your rights as well as prepare you for your first consultation with a qualified New York family law attorney.

Sometimes in the course of a custody or visitation proceeding, a judge may choose to conduct a Lincoln hearing. Lincoln hearings occur when a judge chooses to hear the testimony of a child regarding custody or visitation preferences, and does so in a controlled environment; only the judge, a stenographer, the child, and the child’s attorney are present. The purpose of maintaining a controlled environment is twofold: first, it prevents a child from undue stress associated with open court testimony. Second, and closely related, it better allows for a child to relate parental preferences and family difficulties.

On April 2, 2014, the Appellate Division of the Supreme Court of New York decided the child custody case of Law v. Gray. In this case, the mother, Shalaine Gray, appealed the decision of the Family Court to grant, without a hearing, fully custody of the child Lawrence Jr. to the father Larry Law. The Appellate Court’s affirmation of the Family Court’s decision provides a good example of both what rules and standards are used by the Family Court and how they are applied.