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What are the penalties for not complying with a child custody order in Iowa?

Child custody orders are usually issued during divorce proceedings or when an unmarried parent files a petition with the court in an effort to obtain custody of their child. These orders not only outline parental rights, but also visitation schedules so that a child is given the opportunity to spend time with both of their parents. When a parent fails to obey a child custody order, it not only affects the child’s other parent but also the child.

Because child custody orders are court orders, parents are required to abide by the terms outlined in them. If a parent in Iowa fails to follow a child custody order, they could face some serious consequences if the other parent files a court action against the other parent.

 

What happens if a parent files a court action against their child’s other parent because they aren’t following their custody order?

 

In the event one parent seeks help from the court to enforce their child custody order and the court determines the other parent violated the order, they could face the following consequences:

  1. The court may find the parent in contempt and could sentence them to serve up to 30 days in jail.
  2. As an alternative to punishment for contempt, Iowa Code section 598.23 says the court may decide to order one or more of following:
  • Modify visitation to make up for lost visitation time.
  • Establish a joint custody agreement.
  • Transfer custody.
  • “Direct the parties to provide contact with the child through a neutral party or neutral site or center.”
  • Order the parties to participate in mediation to ensure the custody agreement is followed.

 

Should a parent hire an Iowa child custody lawyer to help with getting a custody order enforced?

 

It always benefits to bring in a custody lawyer when one parent refuses to follow the terms laid out in their custody agreement. The reason being is that an attorney will take the time to help a parent become more familiar with what their legal rights are (e.g. Can they fight for full custody? Can they hold the other parent accountable for missed visitation time?)  Additionally, a child custody lawyer in Iowa can also help a parent fill out and file the necessary paperwork with the court to get the order enforced. Unfortunately, the court will not provide a parent with legal advice or guidance which means the following will be left up to them:

  • Determine which forms need to be filled out.
  • Figure out where the forms need to be filed.
  • They will also be expected to understand the laws and how they apply to their case.

 

Instead of a parent having to handle all of this on their own, which may not only be time-consuming but also confusing, it is best they hire a child custody lawyer in their city to help them. If a parent is having trouble getting their child’s other parent to comply with their court issued custody order, they can contact USAttorneys.com. USAttorneys.com will help them locate a custody lawyer no matter if they live in Des Moines, Cedar Rapids, Sioux City, or anywhere else.

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