NYC child custody lawyer Ryan Besinque (https://www.besinquelaw.com/is-withholding-a-child-from-another-parent-allowed-in-new-york/) is shedding light on one of the more emotionally charged aspects of family law in New York: whether one parent can withhold a child from the other. In an informative article titled “Is Withholding a Child from Another Parent Allowed In New York?”, attorney Besinque provides clear insights into legal standards, consequences, and the necessary steps involved when custody orders are violated.

In the realm of child custody, disputes often arise after a contentious divorce or when disagreements over child-rearing create friction between co-parents. NYC child custody lawyer Ryan Besinque emphasizes that while frustrations between parents may be common, withholding a child without legal justification is not permissible under New York law. Such actions could result in contempt of court or even criminal charges. “Withholding a child from another parent in New York is generally not allowed if there is a custody order in place,” he explains, noting that exceptions are rare and must involve immediate risk to the child.

Parents often misunderstand what constitutes a legal violation versus an inconvenience. NYC child custody lawyer Ryan Besinque clarifies that minor infractions, such as occasional lateness during child exchange, are not usually grounds for legal action. However, repeated or deliberate denial of court-ordered visitation can lead to serious consequences. For example, custodial interference in the second degree—defined under New York Penal Law § 135.45—can be charged if a parent intentionally keeps a child from the other parent without legal authority. This offense carries penalties such as up to one year in jail or probation.

The Law Office of Ryan Besinque is frequently approached by parents unsure of what actions are appropriate when their custody orders are ignored. In these cases, parents are advised to take legal measures rather than retaliate. Enforcement petitions filed in Family Court allow the legal system to address willful violations and may result in modified parenting plans, reimbursement of legal costs, or additional parenting time granted to the aggrieved parent.

Gatekeeping behaviors are also discussed in the article. Ryan Besinque outlines two types: protective and restrictive. Protective gatekeeping occurs when one parent has legitimate safety concerns, such as the other parent’s substance abuse or history of violence. In contrast, restrictive gatekeeping stems from personal animosity and may include false accusations or unreasonable limitations meant to damage the parent-child relationship. Regardless of motive, Besinque stresses that unilateral decisions to withhold a child are not lawful and should be resolved through court petitions.

Parents who are victims of repeated denial are encouraged to take prompt legal action. Delays may embolden the noncompliant parent and further disrupt the child’s relationship with both parents. Legal remedies include requesting a modification of the custody agreement, filing a CPS complaint in cases involving abuse or neglect, or seeking a restraining order when there is evidence of danger.

Besinque also highlights situations where withholding may appear justified but still requires court involvement. For instance, if a child is sick or reluctant to visit the other parent, the withholding parent must document the situation and continue to promote compliance with the order unless safety concerns arise. The law expects both parents to act in good faith and in the child’s best interest.

When modifying custody orders, a court will assess whether a significant change in circumstances justifies the adjustment. Ryan Besinque underscores that courts prioritize the child’s stability and emotional well-being, especially when one parent seeks to change primary custody. These decisions are not made lightly and are always evaluated with the child’s best interests in mind.

Violations can also lead to a loss of custody. Courts view unauthorized relocation of a child or consistent noncompliance with orders as grounds to reassign custody or restrict visitation rights. Legal advice is crucial in such scenarios to avoid severe consequences and protect parental rights.

Attorney Ryan Besinque reminds parents that even when dealing with emotionally difficult circumstances, legal protocol must be followed. Parents are encouraged to document violations, avoid retaliatory behavior, and pursue court-approved solutions.

Ryan Besinque concludes, “It is important not to take matters into your own hands when facing a complicated divorce or a contentious child custody dispute with your ex. Speaking to a child custody lawyer is crucial in ensuring that your rights as a parent are protected.”

Parents confronting visitation challenges or ongoing custody disputes are encouraged to consult with The Law Office of Ryan Besinque to explore legal options. Whether the issue involves modifying an existing order or enforcing a court mandate, the firm is equipped to provide legal guidance to parents navigating the custody system in New York.

About The Law Office of Ryan Besinque:

The Law Office of Ryan Besinque represents clients in family law matters, with a focus on child custody and divorce cases in New York City. Led by attorney Ryan Besinque, the firm is committed to helping parents understand and protect their rights while prioritizing the well-being of the children involved.

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