Both parents are legally obligated to comply with child custody orders issued by the court. But, some parents refuse to fulfill this legal obligation. Failing to drop your child off with you on time, preventing you from communicating with your child, or intentionally scheduling appointments and trips during your time with your child are some of the common ways that parents violate child custody orders. If your ex-spouse is violating the child custody order, it’s important to know how to protect your parental rights. Here’s what you need to do:
Seek Legal Representation
Attempting to resolve this issue on your own may make matters worse. This is especially true if your spouse is violating the custody order because he is angry or upset with you. For this reason, it’s best to seek legal representation from a family law attorney as soon as possible after the court order has been violated.
Make Contact With the Other Parent
Your attorney may attempt to contact the other parent to see if it is possible to work these issues out without going to court. Your attorney will send the other parent a letter that outlines the ways in which he has violated the agreement. The letter may also tell the other parent that if he violates the order again, you will have no other choice but to take legal action.
File A Petition With the Court
Work with your attorney to file a petition with the court that asks the judge to enforce the existing child custody order. The judge presiding over your case has the authority to impose penalties on the parent that is violating the existing court order. In some cases, the judge may decide to hold the parent in contempt of court for his failure to comply with the terms of a court order. If a parent is held in contempt of court, he may face significant fines and time behind bars. The judge can also order the parent to pay for your legal fees since it is his fault you needed to hire a lawyer in the first place. If appropriate, the judge may order the other parent to provide you with additional time with your child to make up for time you lost as a result of the court order violations.
Don’t let your spouse get away with violating the child custody order. Let the skilled family law attorneys at Williams Law Group, LLC work with the court to enforce the order and hold your spouse accountable for these violations. Call our office at (908) 810-1083, email us at [email protected], or contact us through our confidential online form to schedule a consultation.