Child custody agreements are legal contracts that outline parenting time and decision-making responsibilities for children after a divorce. While most parents want to honor these agreements, conflicts can arise that lead to violations. When one parent fails to comply, the other parent has legal options to enforce the original terms.
The Divorce Landscape in America
In the United States, around 7 divorces occur for every 1,000 women aged 15 and older. Mothers initiate the majority – about 69% – of divorces, compared to 31% filed by fathers. With over 12 million single parents in America, crafting custody agreements is an important part of the divorce process. Fortunately, most former couples – about 90% – can reach mutual agreements without needing a judge’s ruling. However, violations still occur. Understanding enforcement methods can help parents uphold their rights.
Using Family Law Attorneys in Child Custody Cases
A family law attorney can be invaluable when seeking to enforce custody agreements. They understand state laws and procedures for handling violations. Attorneys can file petitions and represent clients in court if needed. Many parents consult attorneys when their rights are being infringed to learn their options. Lawyers can provide legal advice, get clarification from the other parent, send demand letters, and facilitate negotiation outside of court. Attorneys often know judges and mediators if further legal action becomes necessary. Their expertise significantly increases the chances of successful enforcement.
Filing for Contempt of Court
When one parent consistently violates court-ordered custody terms, the other can file a contempt motion. This involves submitting documents to the court detailing how the offending parent is breaching the agreement. If the judge agrees contempt has occurred, penalties like fines or jail time can be imposed. The noncompliant parent may also have to pay the other’s legal fees. Filing for contempt alerts the court that their orders are being disobeyed. It also creates a record of noncompliance if future motions are needed. Contempt charges incentivize parents to adhere to agreements.
Petitioning to Modify Terms of Child Custody
If violations stem from unrealistic or unworkable custody terms, parents can petition to modify the agreement. For example, a change in work schedule may cause frequent lateness for pick-ups/drop-offs. Parents can ask the court to adjust the schedule to something more feasible. Modification petitions should explain how the current terms are unworkable and propose alternatives. If both parents consent to the changes, a judge will likely approve the petition. Unilateral modification requests may face greater scrutiny but can still be granted if in the child’s best interest.
Seeking Makeup Parenting Time
If a parent wrongfully withholds or interferes with the other’s scheduled parenting time, makeup time can be requested. For example, if a mom misses four weekends due to the child being unavailable, she can ask that those four weekends be made up. This ensures parents get their full allocation of custody time. Makeup time petitions must specify the missed dates and propose new dates to replace them. Judges are usually amenable, barring extenuating circumstances. It holds violating parents accountable while compensating the parent who missed out.
In severe cases, custody agreements can be changed entirely through court motions. However, most violations can be rectified through legal mechanisms aimed at compliance. With some effort and attorney guidance, parents can reinforce custody orders for their children’s benefit.
