Not all divorces are amicable. Some of the most contentious areas of divorce are those that revolve around the children. Child custody matters can be quite difficult to live with after divorce. Once the judge puts a custody order in place, both parents must abide by it. Sometimes, a parent does not follow custody or visitation orders. When this happens, it can be frustrating for everyone involved. If your former spouse violates a child custody order, do not take matters into your own hands. Call an experienced family law attorney to help guide you through the proper legal process.
What are Violations of a Custody or Visitation Order?
A child custody and visitation order provides specific details for how parents are to share time with their children. A common violation of a custody order occurs when a parent fails to pick up or drop off a child at the designated time. Another violation happens when a parent intentionally prevents a child from spending time or talking with the other parent. In some instances, the failure to follow child support orders could also be in violation of the court order. A violation may occur based on the specific wording in your particular court order, so you will need to check the language in your order.
Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”
Can a Parent Deny Visitation?
Once visitation is part of a court order, it is a legal requirement. Both parents must adhere to a child custody order. A parent cannot deny or refuse visitation if it is part of a court order. A parent may want to deny the other parent from visitation in situations where the parent has failed to provide child support. Although child support may also be part of a court order, it is separate from visitation. A parent cannot legally keep a parent from seeing a child just because they are behind in payments.
What Happens if a Parent Violates a Custody Order?
A custody or visitation order is a legal order that you must obey. If a parent is in violation of the order, they could be held in contempt of court. If the custodial parent violates the order, the non-custodial parent may file a motion of contempt. The court will review the matter. If a parent is found to have violated the order, the court will require a resolution. This may include such things as counseling, additional visits to make up for missed visits, counseling, and fines. In some cases, the court may modify the original order. The court will try to deter the situation from recurring in the future.
What to Do About a Custody Violation
If your former spouse violates a custody order, there are a few things you should do. If the violation is a one-time occurrence, you will want to speak to your ex to discuss the matter to stress the importance of following the order. Keep track of any times of occurrences so you can provide accurate information to the court if necessary. If the problem continues or progresses, you can file a Motion of Contempt with the court. When a parent is not following the order, the court will take the matter seriously.
A knowledgeable family law attorney can help you resolve child custody order matters. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our legal team.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/family-and-children/child-custody
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https://www.freeimages.com/photo/a-helping-hand-2-1439048
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