What Should I Do if My Child’s Other Parent Violated Our Child Custody Agreement?
When a child custody order is created, both parents are bound by the terms of it and must comply with all the guidelines outlined in it while it is active. When one parent fails to do his/her part in obeying the custody order, there are a number of steps the other parent can take to hold him/her accountable for failing to do so. In the event your child’s other parent has violated a child custody order that was established in Orlando, FL there are a few ways you can go about addressing the situation. These include:
- Contacting your local law enforcement agency.
If you feel your child’s other parent is a threat to your kid’s safety, you’ll want to take immediate action and contact the police. For instance, if your child was never brought home after their scheduled visit with their parent has ended and you either cannot get in contact with their parent or you are concerned for your child’s wellbeing, this would be a prime example of when you should get law enforcement involved.
- File a Motion for Civil Contempt/Enforcement.
If your child’s other parent is not obeying the custody order he/she agreed to, you can contact the court to get the order enforced.
When a parent fails to follow the terms set forth in a child custody order, you can initiate a civil contempt/enforcement proceeding against him/her to enforce the court order. Because your child’s other parent is legally required to comply with the custody order, the court can step in and help you should they violate it. If you would like to file a motion to enforce a child custody order in Orlando, while it is recommended that you have a child custody attorney helping you, you can access the form by clicking here if you wish to submit it on your own.
Once you complete the required form, it will need to be filed with the clerk of court’s office in Orange County. A copy of this form must also be “personally served” to the other party, whether it be by a sheriff, private processor, mailed, emailed, or hand delivered. Now, there is a specific way this must be done so it is best to consult with a child custody attorney in Orlando, FL before attempting to notify the other party on your own. After the form is filed and the other party is served, the court will set a hearing date and once you are informed on when this is, you are required to then complete the Notice of Hearing on Motion for Contempt/Enforcement form. A copy of this form must also be served to the other party as well.
Now, before your hearing date arrives given you have successfully filed the necessary forms and had them served to the other party, you will want to gather all the evidence you can that indicates the other party failed to obey the court order. Since you initiated the motion, you will need to prove the other party was noncompliant during this hearing. The other party will then be required to provide a valid explanation as to why he/she failed to comply with the custody order. In the event they cannot, the judge may find the other party to be in contempt and may assess penalties including, but not limited to having to serve time in jail, “pay attorney fees, suit money, or costs, and/or coercive or compensatory fines.”
Why You Should Consider Hiring a Custody Lawyer to Help You Enforce a Court Order
When one party fails to comply with a child custody order, it always a good idea to contact a FL child custody lawyer to find out what approach you should take to address the issue.
When attempting to get a custody order enforced, you should always have a legal representative assisting you. Rather than have to spend the time researching where you need to file your legal documents and how to successfully do this, you could just contact The Aikin Family Law Group and have one of their skilled child custody attorneys in Orlando do it for you. The truth is, filing a motion to have a child custody agreement enforced can get very technical and if you don’t do it properly, not only will this be a waste of your time, but your child’s other parent won’t be recognized for violating the custody order you both agreed to.
Therefore, if you would like to consult with a lawyer in your area who can help you better understand the process you must go through to successfully recognize a parent for violating a custody order, contact The Aikin Family Law Group at 407-644-4040 today.
The Aikin Family Law Group is located at:
2180 Park Avenue North, Building 100
Winter Park, Florida 32789
407-644-4040
Website: www.aikinlaw.com
