How a Child Custody Attorney Can Help Enforce Your Rights
In New Jersey, a child custody order represents the court’s determination of what is in the best interests of the child or children. Violating a child custody order is a big deal; it means a loss of consistency and stability for the child as well as often massive disruption to parents’ lives.
If your co-parent is refusing to follow the child custody schedule, it’s normal to be frustrated and even angry. That said, you need to respond appropriately. Below is general information on what to do—and what not to do—if your former spouse is violating a custody order. For advice on your specific situation, contact an experienced New Jersey family law attorney today.
How New Jersey courts can enforce child custody orders
Again, violating a court order is a big deal. A parent who disregards a child custody order can be held in contempt of court, a serious offense that may result in fines, community service, or even jail time for more severe offenses. The courts take contempt especially seriously when the well-being of a child is at stake.
In addition to imposing penalties for contempt, the court can:
- Order the non-compliant parent to attend counseling or parenting classes.
- Order supervised visitation if there is reason to believe there is a threat to the safety of the child.
- As a last resort, ask law enforcement to ensure the child is returned to the other parent in compliance with the custody order.
Steps you can take if the other parent is violating the custody order
There are a few steps you can take in response to your co-parent’s refusal to follow the custody order:
- Document everything. If you have a record of your co-parent’s non-compliance with the custody order, it will be easier to get the court to intervene.
- Seek legal advice. Most likely, you’ll need to file a motion with the court to enforce the custody order and/or hold the other parent in contempt. While you are allowed to do this on your own, it’s in your interest to have an experienced family law attorney who can ensure the motion is filed correctly and put you in the best position to succeed.
- Bring the matter to court. Again, your attorney can help you with this step. A judge will review the evidence and decide what action is needed to enforce the custody order and protect the well-being of the child.
- If necessary, seek modification of the custody order. Sometimes, non-compliance is a sign that the custody order itself needs to change. If that’s the case, you can ask the court for a modification that better serves the needs of your child.
One thing you cannot do is violate the terms of your divorce on your own. For example, you can’t withhold child support or alimony because the other parent is not complying with the child custody order. You have to follow the terms of your court order until and unless the court grants a modification.
Talk to an experienced child custody lawyer today
Divorce is frustrating enough; if your former spouse is refusing to comply with the terms of your divorce, that can be even more overwhelming. You don’t have to deal with this situation alone.
Our experienced New Jersey child custody attorneys are here to explain your legal options and guide you through the process. Contact us online or call us today to speak with a lawyer at Williams Law Group, LLC.
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