Custody matters during divorce are often sensitive and complicated. Both you and your ex-spouse must agree on child custody and visitation terms. When you cannot agree, the family judge will decide for you based on the children’s best interests and other factors. In either scenario, the finalized order is legally enforceable and should be followed by both parties.
If your ex does not stick to the arranged order for custody and visitation, you have several options for seeking compliance, from a gentle nudge to litigation. If your ex gives you constant excuses about why you cannot see your children or refuses to take them as agreed under a shared custody order, contact a Suwanee child custody enforcement lawyer for help.
The family law judge who oversaw your divorce took testimony and evidence into consideration to determine the best living arrangements for your children. Unless one parent is abusive, this entails a schedule establishing when the children will stay with you and when they will stay with their other parent.
When a parent defies that arrangement beyond a conflict or emergency, begin documenting the dates, the times, and the excuses. You should also document if you were not notified and your ex never showed up to pick up the children or was not home when you delivered them. Taking detailed notes about these incidents gives you a record in case you must ask the family court to charge your ex with contempt of a court order.
Before the situation escalates to involve the superior court, your Suwanee child custody enforcement attorney will likely recommend:
Dealing with an ex-spouse who disregards a child custody order is frustrating. Our team can help you find a resolution to the situation that appropriately fits your needs.
Contempt applies to any court order, not just those issued for custody, visitation, and child support. If a party to the order knows they are supposed to comply but do not, the judge can find them in contempt. Penalties for contempt can include fines or even jail time.
If you bring a contempt petition against your ex-spouse for violating a child custody order, the burden of proof falls on you. That is why it is essential to document every violation. You will have to prove your ex was aware of the order and could have complied with it but intentionally violated it with no valid excuse.
For example, if your ex is hospitalized for food poisoning and fails to pick up the children on Friday night, you will not convince the judge of contempt. But if your ex absconds with the children to California instead of returning them, this could serve as helpful evidence because the element of intent is present. A Suwanee child custody enforcement attorney can help you understand what steps you need to take and what information could prove useful.
Sharing custody with your ex-spouse can sometimes go well, and other times it might not. If your ex intentionally violates the judge’s order for custody and visitation, there are several actions we can take to help you.