Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization
Few aspects of a divorce are more likely to result in conflict than child custody and visitation disputes. Despite the fact that child custody orders are final, some parents often refuse to comply with their terms. Fortunately, an experienced child custody attorney could help a parent ensure the other parent abides by the terms of these orders.
Often, child custody enforcement requires the intervention of the courts. While this process might seem daunting, the right legal counsel could simplify the process substantially. The guidance of an Agoura Hills child custody enforcement lawyer could be invaluable in obtaining a fair outcome at an enforcement hearing.
Custody order terms are usually specific, setting out the days, weeks, and evenings each parent will have the right to physical custody of the child. Many custody plans include specifics about holidays, school breaks, and vacations, as well. Everything from overnight stays to the responsibility of picking up a child from school on a specific day could be covered by custody orders.
A violation of a child custody order occurs any time a parent fails to comply with the terms of the order. These violations can vary in scope from returning a child late following a visit to actively withholding a child from the custodial parent. Under these circumstances, the nature of the violation determines what enforcement options are available and appropriate.
Not all child custody enforcement issues require court intervention. In fact, one of the primary benefits of a child custody enforcement lawyer in Agoura Hills is the possibility of resolving a conflict amicably, as some violations are based on mistakes or misunderstanding and could be resolved through negotiation.
When a dispute cannot be resolved between the parties and their legal counsel, a motion for contempt is the most appropriate option, which is a request for the court to hold a non-complying parent in contempt for failing to adhere to the custody order. If the court agrees contempt is warranted, they could levy a number of penalties for the non-compliant parent. These could include fines and even jail time, depending on the circumstances. When warranted, these enforcement issues could also result in a child custody modification.
Parents are bound by the terms of a child custody order—even when the other parent is not in compliance. This may be frustrating and can lead a custodial parent to deny access to the child when the non-custodial parent fails to make required child support payments. Unfortunately, state law does not allow for a parent to take these matters into their own hands. A parent cannot enforce or alter the terms of a custody order without the consent of the court. However, pursuing enforcement of these child custody orders could be possible with an Agoura Hills attorney.
If the parent of your child has failed to comply with the terms of your child custody order, do not panic or act rashly. You could enforce the terms of the order and ensure the safety of your children with the help of qualified legal counsel.
Let an Agoura Hills child custody enforcement lawyer advise you of your options. Reach out today for your confidential consultation.
Hoffer Family Law Firm
