Enforcing Custody/Visitation Orders

The greatest challenges for many people in divorce involve custody and visitation issues.  While courts are expected to rule in the best interest of the child(ren), a ruling can sometimes make one parent very unhappy.  Even so, visitation orders are legal obligations, and if your former spouse is not living up to the requirements of the order it may be time to take your complaint to an experienced family law attorney.

Sharing Custody of Kids

It can be tough to have limits set on how much time a parent can spend with their kids. But a custody order has the weight of the law behind it, and enforcing it benefits everyone involved. It’s one of the sometimes unpleasant, but necessary aspects of divorce. Experts advise that parents take some basic steps in order to help things run smoothly:

1. Make sure that the expectations in the custody/visitation order are well-defined and detailed.  Holidays, child and parent birthdays, and school breaks should be explicitly called out so there’s no question about them.
2. Have the visitation/custody order easily accessible to yourself and any other parties who may be involved in the visitation.  If the child exchange occurs at the home of a neutral party, that person should have a copy of the order, as well.

If there are substantial changes that could affect the agreements in the court order, quickly get a new one.  Matters that might predicate going back to court include:

1. One parent moving a significant distance away;
2. New or different medical requirements for a child;
3. Job or schedule changes that impact custody/visitation;
4. Other significant needs of a child or a parent that may require changes to the order.

Enforcement

Despite doing everything right, your former spouse may still attempt to manipulate their time with the kids or make things difficult when it comes to exchanging the child(ren).  If there are serious infractions–not simply being consistently late for exchanges–further action may be necessary. If you find yourself feeling concerned about your kids’ safety or well-being because your ex absolutely won’t comply with the visitation agreement–meaning the kids are kept for days or weeks longer than agreed– you have several options:

1. Request to have local law enforcement in attendance for the child exchange;
2. Through your attorney file a motion for contempt order to have the court enforce sanctions on your ex for not complying with the court order.

Consequences of Contempt 

When one parent refuses to comply with a court order, the consequences can range from a simple warning–which can be effective in many cases–to much more serious sanctions.  While rare, it is possible noncompliant parents could be forced to spend a day or two in jail to muse on their actions.  More likely, though, a new order will be drafted to make up for the time missed with your child(ren) and possibly even giving you more time down the road.

Resolving Issues 

Any action taken to enforce custody and visitation orders must be taken with care,  as the last thing you want is for your children to suffer as a result of your pursuits.  At WiseLieberman we proceed with care, as we vigorously fight for your rights.  Contact our Boca Raton family lawyers to schedule a confidential consultation today.