The child custody agreement is one of the most contested issues in a marriage dissolution. Once the court approves the final decree containing the custodial arrangements for divorcing spouses, both parties must abide by the provisions of the agreement or face legal punishment. If your spouse is not upholding their side of your custody agreement, you may need to consult with an Albany child custody enforcement lawyer. A competent child custody attorney can help you enforce your parental rights and assist with filing a petition with the court if needed.
A child custody order is legally binding and enforceable. Either the custodial or non-custodial parent could be held in contempt by the court if they refuse to comply with the provisions of the custody agreement. If the court determines that the non-compliant parent is in contempt, they can be fined and in some cases face incarceration. Moreover, being held in contempt of court can impact a parent’s right to visit their child and may result in the court modifying the existing custodial agreement.
When a parent is not fulfilling their custodial obligations, the other parent can file a petition for enforcement of the custody order. A skilled Albany attorney could help a parent file a petition for child custody enforcement against a non-compliant spouse. The petition will detail the nature of the other parent’s infraction and ask the court to enforce the order.
The court will then hold a hearing for both parties to attend. The court may examine numerous factors when deciding to hold a non-compliant parent in contempt, including the severity of the infraction and whether the parent has a history of custodial violations. If the judge determines that the parent purposefully violated the custody order and holds them in contempt, they may face legal consequences, including the potential loss of their parental rights.
Visitation rights are usually granted to non-custodial parents in Albany. If the custodial parent tries to obstruct the other parent’s visitation time with their child, the non-custodial parent can seek enforcement through the courts. As is the case with custody enforcement, the court would order a hearing to take place.
At the hearing, the judge would call upon the petitioner to present evidence showing that the custodial parent has failed to comply with the visitation agreement. A child custody enforcement lawyer in Albany could advocate for a parent in court whose co-parent is trying to block access to their child. If the court reviews the evidence presented and determines that there is cause to believe that a violation has occurred, they can punish the custodial parent and potentially modify the terms of the visitation agreement.
If you are having trouble because your former spouse will not comply with the terms of your custody and visitation agreement, it may be time to seek legal assistance. An Albany child custody enforcement lawyer can review the details of your case and explain what legal recourse you may have.
A lawyer could work tirelessly on your behalf to protect your parenting time and the best interests of your child. Call now and set up your confidential legal consultation.
Colwell Law
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(518) 462-4242
200 Great Oaks Blvd