The family law judge who presides over your child custody arrangements as part of your divorce carefully considers parents’ schedules, finances, and family members’ wishes when determining the best living arrangements for your children. This schedule is court-ordered, and both parents must follow it.
When your co-parent is not picking up or returning the children on time or refusing you access to your child, there are measures a dedicated child custody attorney could take before the more adversarial petition for contempt of court. Some scheduling conflicts can be worked out amicably without outside help, but when the problem festers, a Frisco child custody enforcement lawyer could help you take the next step.
As families settle into their new lives post-divorce, they are no longer mindful of each other’s schedules as long as visitation times remain intact. When big life changes do impact custody and visitation, the parties can always go back to court for a modification of the order. However, custody and visitation may need to be legally enforced when one parent is uncooperative, vindictive, or belligerent.
A co-parent can begin this process by documenting all the dates and times an ex-spouse reneges on responsibilities. For example, they may cancel visitation or fail to pick up or deliver children at the appointed time and place. They may not be home when a child is returned from visitation, or they may have a million excuses for not complying with a set schedule.
Documenting these moments gives the aggrieved parent a record that could be used if further actions are necessary prior to filing a contempt motion. A Frisco child custody enforcement attorney could explain what can be done to solve the dilemma legally but amicably.
Once plenty of documentation is in hand, an attorney could employ tactics that give the violating parent a way to fix the problem without escalating negativity in the family. Our team could:
Remember, when an ex-spouse continues to disobey a court order, a child custody enforcement attorney in Frisco could help you fix the problem with as little drama as possible.
When a party to a court order purposely does not comply, the judge could rule them in contempt and levy fines and jail time. However, the parent who files the action must prove contempt, demonstrating that the violating spouse behaved intentionally and with no excuse. Failing to pick up the kids while in bed with the flu is not the same as absconding with them to Miami instead of returning them after visitation. This is why documenting a string of violations and any other actions taken, such as sending a demand letter, are so important.
Divorce and child custody are often contentious issues. Our goal is always to keep families calm and get their differences resolved. When your ex purposely violates the judge’s order for custody and visitation, we take several less confrontational actions before resorting to filing a contempt motion.
Each case is unique, and we are happy to offer you a free consultation to discuss yours. Contact a Frisco child custody enforcement lawyer today.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.