Many parents, whether they are divorcing or have never married, assume that all parties will comply with a child custody order entered by a judge. The reality is that many parents carelessly or willfully fail to adhere to the terms of these orders.
If the parent of your child is not living up to the terms of the custody order, a dedicated custody attorney may be able to help you enforce your rights. This could involve pursuing a motion for contempt or even a modification of the terms of the custody order. Get in touch with Troy child custody enforcement lawyer to learn more.
There are different situations that could qualify as a violation of a child custody order. Some of these circumstances include:
Some of these situations are more serious than others, but any violation could be addressed through legal action. A Troy child custody enforcement attorney may be able to hold a non-compliant parent accountable under these circumstances.
Any continuous or severe violation of the child custody order should be treated seriously. These violations are not a simple inconvenience; they are a violation of the rights of a parent. It is worth noting that despite the serious nature of a child custody violation, it can be possible to resolve these disputes amicably. A child custody enforcement attorney in Troy may reach an agreement with the other parent to ensure that the terms of the order are met moving forward.
When a parent takes legal action to enforce their custody rights, the state courts that originally granted custody will also hear this case. To begin the process, a parent must file a document known as a “Custody/Visitation Enforcement Petition.”
This petition must include certain information for the court to consider the request. First, the filing parent must attach all relevant court orders and parenting plans to the petition. The document must also highlight each part of the order that has been violated. A parent can also attach any evidence they have of these violations. This could include things like phone records or text messages.
Finally, the petition must have a request for relief. The request for relief is what the filing parent hopes to get from this process. In some cases, a parent might seek a modification to the parenting plan. In others, a parent could request repayment if the violation of the order left them with monetary losses. When the behavior is extreme or ongoing, the court might consider fines or jail time during a contempt proceeding.
Securing a child custody order can be challenging on its own. Enforcing these orders can also be difficult. The good news is that experienced legal counsel could help you resolve these challenges.
Let a Troy child custody enforcement lawyer help you review your options. Call today to set up your complimentary consultation.
Colwell Law
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(518) 462-4242
200 Great Oaks Blvd