What Steps Can I Take If the Custodial Parent Is Not Following Court Custody Orders?

Question from Cece, What Steps Can I Take If the Custodial Parent Is Not Following Court Custody Orders?

Answer from AI:

If the custodial parent is not adhering to court-ordered custody arrangements, there are several steps you can take to enforce or modify these orders. It’s important to remember that this information is general in nature and may not apply to your specific situation. Always consult with a legal professional for personalized advice.

Documenting Violations

The first step is to document each instance where the custodial parent has violated the custody order. This could include:

• Keeping a detailed log of each violation, including dates, times, and what happened.
• Saving any relevant text messages, emails, or other written communication.
• Obtaining statements from witnesses who can corroborate your claims.

This documentation can be used as evidence if you need to go to court to enforce or modify the custody order.

Filing a Motion to Enforce

If the custodial parent continues to violate the custody order, you may need to file a motion to enforce the order with the court. This is a legal document that asks the court to make the other parent comply with the custody order.

Requesting a Modification of the Custody Order

If the current custody arrangement is not working, you may also consider requesting a modification of the custody order. This would involve filing a motion to modify with the court, and you would need to show that there has been a significant change in circumstances since the original order was issued and that a modification would be in the best interest of the child.

Parental Alienation

Parental alienation, where one parent attempts to turn a child against the other parent, is a serious issue. If you believe this is happening, it’s crucial to address it with the court. You may need to provide evidence of the alienation, such as changes in your child’s behavior, refusal to spend time with you, or negative comments about you.

Legal Assistance

Navigating these issues can be complex, and it’s often beneficial to seek legal advice. A family law attorney can help you understand your options and guide you through the process.

Remember: Always consult with a legal professional for personalized advice. The information provided here is general in nature and may not apply to your specific situation.

For more information, you can refer to the Legal Information Institute’s guide on child custody and the Child Support Enforcement Handbook.