If you have a custody order in place for your child, and the other parent is not following it, you may be feeling frustrated and helpless. Many parents find themselves in this situation. Fortunately, there are enforcement measures available to help ensure that the custody order is followed.
What Constitutes a Violation of Custody Order?
If the other parent is not following the custody order, it is important to first understand what constitutes a violation of the order.
Some common violations include:
- Refusing to allow you to have your scheduled parenting time
- Failing to return your child on time
- Taking your child out of state without your permission
- Notifying you of changes in plans at the last minute
- Refusing to communicate with you about your child’s whereabouts or well-being
These are just a few examples of what can constitute a violation of a custody order. If you believe that the other parent is violating the terms of your child custody order, it is important to take action.
How Can I Enforce My Custody Order?
There are a few enforcement options available to parents who are dealing with a violation of their custody order. One option is to file a contempt of court action against the violating parent. This is a legal action that can result in penalties for the violating parent, including fines or even jail time. If you do not wish to go directly to court, a trusted family law attorney can write a letter to your child’s other parent. This can urge them to follow their current custody order, or else they will risk court order enforcement.
Another enforcement option is to file a modification action, which we will discuss in more detail below.
Filing For A Custody Modification
If the other parent is repeatedly violating the terms of your child custody order, you may want to consider filing for a modification. A modification action can change the terms of the custody order. It is important to note that a modification is not automatic just because one parent violates the terms of the custody order. Before a modification is granted, there must be a showing of changed circumstances. Additionally, the court must find that a modification is in the best interests of the child.
If you are considering filing for a custody modification, it is important to speak with an experienced family law attorney. An attorney can help you understand your legal options and guide you through the process of filing for a modification.
Giving You The Upper Hand During This Difficult Time
At Law Office of Michael R. Young, we understand that it can be difficult if your child's other parent is not following your custody order. We can review your situation and help you plan a path forward, whether that be court order enforcement or filing for a modification.
Learn more about how we can help you make the positive change your family needs. Schedule a consultation by calling us at (909) 315-4588 to get started!