If you are like most parents, you have invested a significant amount of care and effort into crafting a custody plan that would best serve you, your co-parent, and most importantly, your children. We understand how infuriating it can be when your co-parent refuses to comply with the custody order.
Consult with our highly skilled Sandy Springs child custody enforcement lawyers when your co-parent is violating the custody agreement or accusing you of doing so. We are well-versed in the intricacies of family law and can map out the most effective strategy to deal with and resolve the issue.
Unanticipated problems can arise when parents get set up in their new lives and adjust to living separately. A parent may need time to figure out the fastest way to get to the children’s home after work to pick them up on time. Similarly, preparing the children to spend a weekend at their other parent’s house can take some practice before it goes smoothly. Children also need time to adjust to their new reality, and parents may need to learn how to manage their defiance, dawdling, or tantrums.
However, there is a line between accepting that things will not go perfectly at first and allowing violations of the custody order. As a responsible parent, you should keep track of how the parenting plan is working and make a note of every cancelled visit, late pick-up or drop-off, or times when the children were not prepared for the visit. Your vigilance is crucial in ensuring the best interests of your children.
When a pattern of non-compliance emerges, co-parents should discuss the issue. If they are not willing to make serious efforts to adhere to the plan, it is time to bring your notes to a Sandy Springs custody enforcement attorney. When you have evidence that your co-parent is intentionally and willfully failing to comply with the parenting plan, you might have grounds to seek enforcement in court.
When you want to force your co-parent to obey the custody order, you could file a petition in court seeking to hold them in contempt. Your co-parent will have notice of the hearing on the contempt petition and can present evidence in their defense.
If the family court judge finds a parent intentionally and willfully violated the court’s order, there are several measures the court might take. The judge could fine the co-parent for the violations and inform them of further fines that will apply if the co-parent violates the order again. The co-parent might be ordered to pay your court costs and attorney’s fees.
When your co-parent’s actions have caused you to lose parenting time, the court might award compensatory time. A family court might also modify the current parenting plan to make it easier for the co-parent to comply. You and your attorney should discuss your goals regarding custody enforcement before proceeding with a contempt petition.
Sometimes, people take matters into their own hands when their co-parent is not complying with the court’s order. For example, when a parent repeatedly cancels visits, the other parent might withhold child support in retaliation. These tactics will not resolve the issue and often backfire.
When parents do not communicate well or when conversations about the issue do not produce results, parents could try mediation. Sometimes, a neutral third party can help a couple resolve an issue they cannot resolve themselves.
When mediation does not produce a workable solution, consult a Sandy Springs custody enforcement attorney. Going to court should not be the first option, but asking a court to enforce its order is better than retaliating against the non-compliant co-parent.
Violations of the parenting plan are not just inconvenient. Most children need routine and get anxious when schedules are disrupted, or promises are broken.
If your co-parent routinely violates the court’s custody order, you owe it to your children to insist your co-parent adhere to the plan and take legal action if they refuse. You should also seek advice from a Sandy Springs child custody enforcement lawyer when your co-parent unfairly accuses you of noncompliance.
Our legal team has years of experience helping parents deal with custody issues. Schedule a consultation today.