What Are Your Legal Rights if a Parent Violates a Custody Order?
Custody Orders are legally binding agreements that protect the best interest of a child and ensure both parents understand their rights and responsibilities. Unfortunately, these orders are often violated, leaving the parent infuriated and unsure of his or her legal options. You have legal recourse if the other parent of your child is not following your custody agreement. We will discuss below the steps you can follow to enforce a child custody order, while prioritizing their well-being.
1. Document the Violations
The first step in addressing a custody violation is to maintain detailed records of each infraction. Keep track of any deviations from the order, such as missed visits, late drop-offs or failure to return a child. Save all emails, texts, and other communications which may be used as evidence in the event of legal action.
2. Attempt to Resolve the Issue Amicably
Before escalating the matter to the courts, consider discussing the issue with the other parent. Unintentional violations can be caused by temporary challenges or misunderstandings (such as work conflict or emergencies). If communication is difficult, mediation with a neutral third party may help both parents reach an understanding without the need for litigation.
3. You can file a motion to contempt the court if you feel that informal discussions have not resolved the issue. A judge can impose penalties, such as fines, makeup time or modifications to the custody order, on the non-compliant party. Courts take child custody violations seriously, especially if they negatively impact the child’s stability and well-being.
4. Request a Custody Modification
Repeated or severe violations may warrant a modification of the custody arrangement. If a parent ignores an order repeatedly, the court can determine that a change is necessary to serve the child’s interests. This could lead to a change in parenting time, decision making authority, or primary custody.
5. If necessary, involve law enforcement
In extreme situations–such a when a parent refuses or does not return a child to them or takes them outside of the state without permission-law enforcement might need to be involved. Depending on the jurisdiction, interference in custody can result in criminal charges. If you fear for your child’s safety, seek immediate legal assistance.
6. Consult an Attorney
If there are ongoing custody violations, it is important to consult a family law attorney. A lawyer can help you navigate the legal system, protect your rights, and advocate for your child’s best interests.
Final Thoughts
A custody order exists to provide stability and clarity for both parents and, most importantly, for the child. Legal action may be required to enforce compliance if a parent ignores the agreement. Our team of Alabama divorce and family law attorneys
can provide you with guidance on enforcing custody orders or modifying existing arrangements. Contact us today to discuss your legal options.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris strives to provide information in an easy to digest format. We hope you enjoyed the article and welcome any feedback. We love to hear from our readers!Sharing makes caring:
