New York Divorce Lawyer Blog
It is not unusual for parents to enter into custody agreements during divorce proceedings. These agreements are often incorporated into court orders, making them legally enforceable. However, when disputes arise, or significant changes occur, courts are called upon to interpret and enforce these agreements. A recent New York case highlights the challenges of enforcing complex parenting time arrangements and modifying custody agreements. If you are dealing with issues surrounding custody enforcement or modification, it is important to understand your options, and you should speak with an experienced New York child custody attorney.
Background of the Case
It is alleged that the parties resolved their divorce through a Stipulation of Settlement dated June 21, 2023, which incorporated a Final Order of Custody on Consent. This agreement included a highly detailed joint custody schedule that was designed to evolve over time. Initially, the father was granted more parenting time, with the stipulation that nine months later, the arrangement would transition to a 50-50 custody schedule, pending input from the child’s therapist and the child’s preferences.
It is reported that disputes arose when the transition date approached. The mother sought enforcement of the agreement’s 50-50 parenting time provision, arguing that the schedule was clear and non-negotiable. She also alleged that the father impeded the process by failing to facilitate the child’s access to a therapist. The mother further moved for contempt against the father for violating the agreement and requested financial relief related to debts and child support add-ons.
The father opposed the mother’s motion and cross-moved for modification of custody. He argued that a substantial change in circumstances justified revisiting the custody arrangement, particularly citing issues with co-parenting, friction between the parties, and concerns regarding the child’s well-being.
Grounds for Modifying Custody Arrangements
The court began its analysis by interpreting the language of the custody agreement. It is well-established in New York that custody agreements incorporated into court orders are treated as contracts and must be enforced according to their plain language. Here, the agreement specified that the parenting schedule “shall revert” to a 50-50 arrangement nine months after the order, absent judicial intervention. The court held that the language regarding the child’s therapist and preferences was prefatory, meaning it did not create a condition precedent to the schedule’s enforcement.
The court rejected the father’s argument that the therapist or child had to approve the transition. It emphasized that New York law prohibits delegating visitation determinations to third parties, such as therapists or children. The court ruled in favor of the mother, ordering immediate enforcement of the 50-50 schedule.
Regarding contempt, the court noted that while the father had failed to comply with the agreement, the custody provision was complex and not entirely clear. Under New York law, a finding of contempt requires proof of a clear and unequivocal order, which the court found lacking in this instance. Thus, the mother’s request for contempt was denied.
On the issue of modification, the court found that the father had presented sufficient evidence of a substantial change in circumstances to warrant a hearing. Specifically, the court cited the parties’ inability to co-parent, ongoing hostility, and concerns about the child’s emotional well-being. The court determined that these issues needed further inquiry to assess whether a modification would be in the child’s best interests. Consequently, the court transferred the custody modification matter to Family Court, which had prior knowledge of the case and the family dynamics.
Talk to an Experienced New York Child Custody Attorney Today
If you are navigating custody disputes or seeking to enforce or modify a parenting agreement, it is critical to speak to an attorney about your options. Ksenia Rudyuk is a knowledgeable New York child custody attorney who can help you protect your rights and seek the best possible outcome for you and your family. To schedule a consultation, contact Rudyuk Law Firm at 212-706-2001 or use our online form to arrange a meeting.