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Violations and Custody/Visitation Orders:

Once a court order for custody and visitation has been entered all parties to the agreement are mandated by the Courts to follow those orders. Should one party violate the order, a petition alleging a violation can be brought before the Courts. As part of this Violation Petition the Court has the power to enforce the agreement or make changes to the custody and visitation petition.

For instance, if one parent is continually frustrating another parent’s ability to engage in their parenting time against the terms of an order, a violation petition can be brought. Anytime a violation petition is brought a party should also bring a petition for a Modification of Custody. The Courts have consistently ruled that a parent who interferes with another parent’s access and right to visitation with a child is deemed to not be fit to be the custodial parent. This is true in the most dire of circumstances where changes have been made to the Order to ensure that future violations do not take place in the past or where violations continue despite repeated attempts to rectify the situation through court intervention.

It is always important to remember that a custody order is not a suggestion unless the parties mutually agree to modify the terms of the order and language in the order permits them to do so. Without language in the order that parties may modify the terms of the order by mutual agreement the parties MUST follow the terms that are put forth.

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Do you need to modify your visitation or custody orders? If so, contact The Law Office of Kelley M. Enderley today! Our Dutchess County custody attorney has years of experience and can provide sound legal counsel!
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