Cobb County Child Custody Enforcement Lawyer

When you separated from your co-parent, you probably devoted a great deal of thought, time, and energy into determining what custody arrangement would best suit your children. You could be understandably angry and frustrated if your co-parent is consistently violating the parenting plan.

Violations of the parenting plan can be harmful to your children, who need to be able to rely on a predictable schedule of contact with both their parents. When frank conversations with your co-parent are not showing results, you may need to take more aggressive actions.

Your child custody arrangement and parenting plan are part of a legal court order. Consult our team of Cobb County child custody enforcement lawyers when your co-parent is noncompliant. We can use various strategies to get them to adhere to the custody order, including taking them back to family court if necessary.

Types of Parenting Plan Violations

A judge approved your custody agreement and parenting plan because they serve your children’s best interests. When your co-parent does not comply with the plan, they are putting their convenience or desire above your children’s well-being.

Some parents have difficulty adjusting to a strict parenting schedule. Others may intentionally or unintentionally try to assert control over the co-parent or inconvenience them by not complying with the plan. Some common but significant violations of the parenting plan include:

  • Being consistently late or early for pickups and drop-offs;
  • Canceling visits frequently or at the last minute;
  • Not having the children ready for pickup or drop-off;
  • Frequent requests to change the parenting time schedule;
  • Engaging in argumentative or aggressive behavior in front of the children.

Failing to feed the children at mealtimes or ensure they get to bed on time on school nights could also be violations of the parenting plan.

You should keep careful notes of how the parenting plan is working, especially in the beginning. There may be aspects that require minor adjustments. When problems arise frequently, a discussion with your co-parent to set expectations is appropriate. When necessary, one of our Cobb County attorneys can reach out to the co-parent or their legal representative to let them know the potential consequences of continued non-compliance with the custody agreement.

Enforcing a Custody Order in Court

It is always best to resolve issues with your co-parent outside of court when possible. But when talking does not have the desired effect, more aggressive action might be necessary.

One of our Cobb County child custody enforcement attorneys can bring a petition in court asking the judge to find your co-parent in contempt. You must prove that your co-parent is deliberately violating the custody order and parenting plan. Evidence like notes taken at the time of the violation, text messages, voicemails, and any other proof can be helpful in showing that your co-parent’s noncompliance was intentional.

If the judge finds your co-parent is violating the custody agreement purposefully and without a legitimate excuse, the judge could order them to adhere to the plan and impose a penalty, including paying your attorney’s fees. The judge also could modify the existing agreement.

Sometimes Non-Compliance Is an Emergency

When you believe your children are in danger, you should not wait to act. There is a court process that allows you to get immediate custody of your children in an emergency. You would go to court in the jurisdiction where the children live and seek an ex-parte order for custody. A member of our Cobb County legal team could talk the situation through with you and advise whether getting an ex parte order for an immediate change in custody is wise.

The threat to the children must be significant, and you must have a reasonable belief the threat is real. You might seek emergency custody when your co-parent is drunk or using drugs in the children’s presence or having a mental health crisis. Threats or attempts to remove the children from the area without your knowledge or consent also merit immediate action. Violence directed toward the children, you, or another member of your co-parent’s household justifies a request for an emergency custody order.

If you apply for an ex parte custody order you will typically have a hearing within several business days or sooner. When you can show that you have a reasonable belief the order is necessary the judge will grant the order the day of the hearing. The court will schedule a full hearing within three weeks and your co-parent can present their side of the story.

Work With a Cobb County Attorney to Demand Compliance With a Custody Order

You and your children need reliable structure in order to move forward after a divorce. If your co-parent is refusing to adhere to the custody and visitation in place, they are harming your children. If you do nothing, the situation will probably get worse.

A Cobb County child custody enforcement lawyer can advise you about the most effective way to proceed. Reach out today.

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