When a person has custody of a child, he or she has the legal right to make decisions on the child’s behalf. In most cases, the person having custody of a child also has physical supervision as well. Child visitation is the non-custodial parent or other party’s right to visit the child, and such rights cannot be taken away without a court order.
Legal Remedies when a Child Custody Order is Disobeyed
If your ex-spouse is not following the court’s custody order, there are a few options available.
* You can ask your lawyer to send a letter notifying them that the order must be obeyed, or they may face legal consequences. Sending a strongly-worded letter will tell the other parent that you’re ready to take legal action if the violations continue, and it creates a paper trail to use in court.
* You can file a contempt of court motion, and ask for court costs and attorney’s fees as a result of the violation.
* Call the police. Many parents try to solve custody issues without involving law enforcement, but you should call them if the other parent is denying you legal child custody or visitation rights.
Consequences of Failing to Obey a Custody Order
Disobeying a custody order can result in severe consequences. The custodial parent and their Expert Family Lawyer can petition the court to force you to obey, and you may have to make an appearance to explain your disobedience. You may also lose previously granted custody rights. The Law Offices Of Diane M Sternlieb LLC can answer any questions you have about child custody orders.
What not to do During a Custody Battle
If your former spouse does not follow the visitation or custody order, there are certain things you shouldn’t do if you want the court to find in your favor. You should always obey the court order yourself, so you have the legal upper hand. Always document what your ex does, as well as your reactions to these situations.
It’s also a bad idea to move away from the kids, or take them away from their support system (their school, their friends and their family). Doing so puts you at a definite disadvantage in court. Everyone has the right to represent himself or herself in court, but failing to hire an Expert Family Lawyer can be a costly mistake.
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