Navigating the complexities of custody agreements can be one of the most challenging aspects of a separation or divorce, especially when one party is not adhering to the established custody order. This situation can lead to frustration, confusion, and, most importantly, a negative impact on the children involved. If you are unsure what to do if someone isn’t following a custody order, you don’t have to manage these legal matters alone. At King Law, we understand the sensitivity and urgency of these matters deeply.
Failing to follow a court order involving custody and keep up with visitations as agreed upon can have a negative impact on everyone involved. At King Law, we can help you demonstrate that you have the best interest at heart for your kids, fight on your behalf, and much more. We can assist and guide you through the steps you can take to resolve these issues effectively, ensuring the well-being of your children and preserving your rights as a parent. Don’t hesitate to contact us if you are interested in our legal support.
What Do I Do if Someone Is Not Following Custody Orders?
Violating a court order is a serious matter, especially in matters of custody. If you believe that your custody or visitation rights have been violated, an experienced family lawyer can investigate your child custody case and help you put things right.
At King Law, our family law attorneys have settled many cases involving a custody agreement. If you need assistance managing your case involving a court order, we can help. Don’t hesitate to contact us and retain a family law attorney so we can assist you with our services.
File a Motion for Contempt
If you are faced with a situation where the other parent to your children is not following a custody order that has been entered by the court, there is a way to bring the action back to court to help ensure that the custody order will be followed and the other parent will be punished for the violations. Court orders are taken seriously, and justice is more likely to be served when you file this motion.
If the other parent to your child or children has not been following a custody arrangement entered by the court, you can file a Motion for Contempt. Court orders are enforceable by the contempt powers of the court. If someone is not following provisions of any court orders, they can be brought back into court and punished. This includes when they fail to follow a court order custody arrangement.
If the other parent to your children is not following the custody schedule or violating one of the provisions in the custody order, you can file a Motion for Contempt and have them brought into court and punished for not following the order.
It is important for you to keep track of all of the specific times and dates that the other parent has violated the custody arrangement. Each violation can be alleged in the Motion to show the court that the custody order is not being followed.
Common Violations of a Custody Order in North Carolina
Common violations of a custody arrangement include:
- One parent keeping the children from the other parent, even though there is a court-ordered custody schedule in place
- One parent bashing the other parent in front of the children
- One parent not allowing the children to talk on the phone to the other parent, even though the custody order provides that they can
In some cases, failing to follow child support requirements may also qualify as a custody arrangement violation.
Depending on what language is in your custody order, there will most likely be other provisions that are being violated as well. Be sure to keep track of each instance that is a violation of your court order because each of these will help you be successful in winning a Motion for Contempt.
What Happens if Someone Doesn’t Follow a Court Order for Visitation?
Many parents in North Carolina work out visitation schedules amongst themselves. However, when they cannot agree, they may opt for the court to decide in hopes that they may get more visitation time than they might have otherwise.
If one parent refuses to comply with the court order and attempts to withhold visitation from the other parent, they could face severe consequences.
What Should a Visitation Schedule Look Like?
A typical visitation schedule allows the non-custodial parent to visit with their child every other weekend and holiday. The visitation order should include specific meeting times and which parent needs to provide transportation to avoid confusion.
In cases where there have been allegations of abuse or neglect, the court may order the visitation to be supervised by a relative or social worker.
Regardless of the terms of the visitation court order, the custodial parent must not interfere with the other parent’s visitation with the child. If they do interfere, the court could rule for a change in custody.
Why Would a Request for Additional Visitation Be Denied?
If one parent is blocking or refusing to follow the ordered visitation schedule, they may be violating the court order. This typically only applies to custodial parents if they deny or withhold visitation.
If the non-custodial parent misses visitation, they will likely not be found in violation of the order. However, missing visitation could result in a damaged relationship with your child.
Additionally, if you ever request more visitation time from the court, they could see your failure to attend previous visitations as a valid reason to deny your request.
Penalties for Violating a Visitation Court Order in North Carolina
When the custodial parent fails to comply with a visitation order, the non-custodial parent can file a motion for contempt. The court may resolve the motion in one of the following ways:
- Fines and attorney’s fees paid by the parent in violation of the order
- If the non-custodial parent missed visitation through no fault of their own, they might be awarded additional visitations to make up for the missed time.
- Court-mandated counseling for the parent who denied the visitation
- Counseling for the parent whose visitation was denied, paid for by the custodial parent
- Modification of custody if these violations are frequent
These penalties are designed to deter the custodial parent from interfering with visitation moving forward.
Can You Manage Your Visitation-Related Case Alone?
If you find yourself in a situation where the custodial parent is withholding your right to visitation, it is essential to reach out for professional help rather than taking matters into your own hands. Even if you believe you are behaving responsibly, you could unintentionally break the law.
If you attempt to visit with your child outside of the terms of the visitation schedule or remove your child from the custodial parent’s care against their will, you could be charged with kidnapping. If you have to explain what happened to a judge, it may end up being your word against the other parent’s.
If you believe your visitation rights have been violated, it is essential to contact an experienced North Carolina family lawyer, such as one from King Law, as soon as possible. Your lawyer will perform legal analysis on your case and help you determine the best course of action moving forward. You may also receive payment to make up for your party’s attorney’s fees.
Someone Isn’t Following a Custody Order? Contact a King Law North Carolina Family Lawyer Today
When a custody order is not being followed, it’s crucial to have a team that understands the intricacies of family law on your side. King Law, with our experienced attorneys, is dedicated to helping individuals navigate the complexities of custody disputes to ensure your rights and the best interests of your children are protected. We understand how emotional and challenging these situations can be, and our team is committed to providing compassionate and effective legal support.
Don’t let the violation of a custody order disrupt your life and the well-being of your children any longer. We are ready to listen to your concerns, explain your options, and take decisive action to address the issue. If you are successful on a Motion for Contempt, you may also be able to recover any attorney fees you acquired for having to file the motion and bring the action to court. If you are faced with this unfortunate situation, contact the family attorneys at King Law, and we will be glad to assist you. Please call (888) 748-5464 or (888) 748-KING or reach out through our contact form.