Deciding on a custody plan can be a complex process, but when a court enters a child custody order adopting a custody plan, it is expected that both parties will abide by the terms. However, not all parents follow the court’s order. If you have a custody order that is being violated, you need to speak with an experienced Leesburg child custody enforcement lawyer.
At Capital Family & Divorce Law Group, we help parents navigate the child custody enforcement process. Our child custody attorneys will answer your questions and help you gather the necessary evidence to present your case to the court.
What is Considered a Custody Violation?
A custody violation can occur for a number of reasons and depends on the specific terms in the order. One parent may refuse to allow the child to attend visitation with the other parent or may continually interrupt parenting time. Consistent denial of a phone call may be considered a violation of a custody order. The custodial parent may relocate without providing notice to the noncustodial parent. A parent who interferes with parenting time exchanges could be in violation of the custody order. Failing to return the child on time could be a violation. A parent using unauthorized caregivers or preventing a child from participating in approved events or activities may all be considered violations of a custody order. When a violation occurs, it may be necessary to seek the assistance of a child custody enforcement attorney in Leesburg to understand each parent’s legal rights.
Process for Enforcing a Child Custody Order
If the parties are unable to informally resolve the custody dispute, a parent may need to take legal action to enforce the order. When seeking to enforce a custody order, a parent must file an enforcement action, such as a Motion to Enforce or a Petition for a Rule to Show Cause in the court that issued the original custody order. Depending on where the order was entered, parents may file in the Juvenile and Domestic Relations District Court or the Circuit Court. The parent filing the Motion or Petition must prove that there is a valid court order and the other parent knowingly violated the order.
It will be necessary to provide evidence of the other parent’s violations of the court’s order at a hearing. After hearing the evidence, the court will determine if a violation existed. If a violation occurred, the court may order make-up parenting time, payment of fines and attorney fees, change the custody order, or even order jail time for the parent refusing to follow the order. An experienced Leesburg lawyer can help parents navigate the child custody enforcement process.
Preparing for a Child Custody Enforcement Hearing
To prepare for a child custody enforcement hearing, a parent should begin gathering evidence to present to the judge. It is important for the parent to keep detailed records of any missed visits. The log of missed visits should include dates, times, and other relevant information that supports the missed visitation. Saving text messages or emails can also be beneficial, especially if the messages show the parent refusing to comply with the court’s order.
Once the hearing date is set, all of the evidence can be presented to the court to support the parents’ case. Additionally, witnesses may be called to provide testimony about what they have seen or heard between the parties. A child support enforcement lawyer in Leesburg can assist in preparing parents in presenting their evidence to the court.
Contact an Experienced Leesburg Child Custody Enforcement Attorney Today
When one parent refuses to abide by the child custody agreement, the other parent is often left with no other option but to ask the court to assist in enforcing the order. If your child custody order is being violated, you need to speak with an experienced Leesburg child custody enforcement lawyer.
The lawyers of Capital Family & Divorce Law Group have extensive experience enforcing child custody orders. Our team can answer your questions about custody order violations and help you prepare for a hearing. Contact our dedicated attorneys today to discuss your custody case.
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