Most lawyers in Buffalo would find the best course of action, based on current New York State law, is to bring a contempt action to enforce the parenting time order. Buffalo attorneys should submit the contempt of court petition to the Erie County Family Court, which is located in Downtown Buffalo. Under New York State law, Family Court has jurisdiction over such motions and, unlike filing a motion or petition in Supreme Court, also located in the City of Buffalo, filing a petition in Family Court is free.
Once the Buffalo lawyer files the contempt petition, the court will likely schedule a “show cause” hearing to determine what exactly is going on. In an extreme case, a court in New York State could strip the parent of parental rights who was denying parenting time.
Lawyers in Buffalo could also petition the court in Erie County to order “makeup” or compensatory parenting time. A New York court may conclude increasing parenting time is an appropriate sanction for your ex-spouse’s denial of parenting time. Finally, lawyers in buffalo ny should keep in mind, Judges presiding over Family Court in New York State have significant discretion in deciding these matters. As a result, at times, even when all the facts are known, it can still nevertheless be difficult to know what the court will order.’
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