Divorce should not keep you from being a parent. New York State law is quite clear on this matter. You cannot be denied the right to see your kids. The right for the non-custodial parent to have reasonable access to their children is one that is enshrined in law and judges tend to enforce it vigorously. At the end of the divorce and custody settlement, a visitation schedule that works for both the parents and children will be worked out. Your former spouse is not entitled to change or abrogate that arrangement without your consent.
In fact, the only person who can deny you the right to see your kids is a judge. And even they are not allowed to do so without sufficient cause. Visitation rights may be withheld if it can be shown that the non-custodial parent is guilty of neglect, abuse, or drug and alcohol abuse; the right can also be withdrawn if the parent shows signs of mental instability.
If this is your situation
Stop reading. Start defending.
Your ex may make a spurious claim to the court that you present such harm to your children. The moment they do so you must make every effort to challenge it. Judges are sensitive in these matters, and they are very serious about ensuring that children of divorced parents are not unduly subject to danger. Your ex may provide anecdotal evidence that being with you puts your kids in danger. The best way to counter this claim is to hire a child visitation lawyer to discredit them.
Having to go back and forth on the straightforward right to visit your children is sometimes an unfortunate consequence of divorce. You must be prepared for it; you must do all that is necessary to protect your right to parent your children.
The law also stipulates that the custodial parent cannot move the children to another city or locale without the non-custodial parent’s consent. The bottom line here is that your ex cannot simply pick up and go somewhere that will make it excessively difficult for you to see your children. If you get the slightest indication that something of the sort is about to happen, then you should take decisive action to stop it. Your attorney can help you enlist the court on your side. It is better that you take action on such a matter sooner rather than later; otherwise it will become harder to track your ex and your children down.
It is better if both parents can sit down and work out a visitation schedule that is to the benefit of the children. You may want to do this. However, you may be in a situation in which your ex-partner refuses to act in good faith. Although it is tiresome to be locked in a constant struggle with your ex over your kids, it is necessary to fight if you want to remain in their life. Working with an attorney is the best means of getting the outcomes you desire.
Every effort on the part of your former spouse to thwart the exercise of your visitation rights must be countered by an even more vigorous legal challenge. It is important that you retain a lawyer who has extensive experience and expertise in handling such cases. You need someone on your side who possesses the highest form of knowledge, skill, imagination, and determination. Do not be blindsided by an ex trying to keep your children away from you. Get the legal representation that will ensure that your visitation rights are protected and enforced.