When it comes to child custody violations, it can be a stressful and overwhelming situation. As a parent, you want what’s best for your child and want to ensure that your custody agreement is upheld. Navigating the legal options available to you can be tricky, so here’s what you need to know.
If your partner is not following your custody agreement, the first thing you should do is document everything. Keep a record of every missed visitation, every time they were late to pick up or drop off the child, and any instances of not returning the child on time. It’s essential to keep track of every violation, no matter how small, as this can be used as evidence in court.
Attempt to Resolve the Issue Amicably
Before jumping straight into litigation, it’s important to try and resolve the issue amicably. This may involve sitting down with your ex-partner and discussing the situation to see if the issue can be resolved without legal involvement. If this approach is successful, you can avoid the time, expense, and emotional toll that a court battle can bring.
Consult with an Attorney
If attempts to resolve the issue amicably fail, it may be time to consult with an attorney. A family law attorney can provide guidance on the legal options available to you and can help you file a motion to enforce your custody agreement. They can also advise you on whether modifying the custody agreement altogether may be appropriate.
File a Motion to Enforce
If your ex-partner is continuously violating your custody agreement, you can file a motion to enforce the agreement with the court. This legal document asks the court to step in and enforce the existing custody agreement. The court may require mediation or scheduling of a hearing to resolve the issues at hand.
Modifying the Custody Agreement
If the custody agreement is no longer working for you or the children, you may consider seeking a modification. This may involve changing the custody arrangement, visitation schedules, or child support payments. You will need to demonstrate a significant change in circumstances that require a change in the original order.
In conclusion, dealing with child custody violations is never easy, but it’s important to remember that you have legal options available to you. Work closely with an experienced family lawyer to navigate the legal system and achieve the best possible outcome for you and your children. Remember to document everything, attempt to resolve issues amicably, and be prepared to file a motion to enforce your custody agreement if necessary.