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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.

Termination of Parental Rights New York

Termination of parental rights most frequently occurs when an individual loses their child to foster care due to actions of neglect or abuse. Upon a child going into the foster care system, a parent has 15 out of the most recent 22 months to have the child returned to them. At that point, the Department of Social Services (or county equivalent) is mandated under the law to provide “permanency” to the child.

This is accomplished by ensuring a child does not stay in the foster care system indefinitely. Therefore, after 15 out of the most recent 22 months should the child remain in foster care, the Social Services agency is required to file a termination of parental rights petition with the Court.

Legal Assistance for Any Child Support Issue in Poughkeepsie & Dutchess County

The Law Office of Kelley M. Enderley, PC provides friendly and knowledgeable legal assistance. If you need help with child support matters, contact us today! We can help you through the process and work with your ex-spouse to make sure the set amount of financial support is being paid.



The child support collection process can be a daunting task to handle alone. Our team can provide you with legal counsel, stand by you in court, and speak on your behalf to the judge. With a decade of experience, we are ready to assist you at every step of the process to confirm that your financial needs are met and that your child's well-being is considered.

Child Support In NY

Child support in New York State is based upon a statute known as the Child Support Standards Act. This calculation is the presumptively correct amount of child support and is generally based upon the W-2 income of each party. However, the statute does allow for deviation factors which can include additional income that is not being reported, whether or not an individual actually has expenses related to the food, clothing, and shelter of the child that can be argued to either increase or decrease the amount of child support that is being paid. At the Law Office of Kelley M. Enderley, PC we review all financial documentation of both sides of the case and speak to our clients regarding the past earning practices of each litigant to make determinations on what arguments should be made.



• Establishing child support agreements
• Guidance through the collection support process
• Disagreements over child support payments
• Non-payment of child support
• Modifying existing child support arrangements

How The Law Office of Kelley M. Enderley, PC Can Help

Our Hudson Valley divorce attorney possesses a vast knowledge of the child support claims system. If your spouse is not paying the financial support set by the court, we can investigate the situation to reach a favorable solution. We have investigated cases where the ex-spouses' annual expenses were more than the stated annual income, and have worked with forensic accountants and other experts to find the hidden income.

At the same time, you should not have to pay more than a reasonable amount for child support. We can defend you if your financial burden is too high to keep up the payments. The court should set an amount that is agreeable to each parent and that will fully cover your child's expenses.

We Can Stand By You. Contact Us Today!

For all your legal needs pertaining to child support services, contact us today! We can help you understand every step of the process, and we strive to make your experience as stress-free as possible.

Call today for quality attention and efficient service!