The child custody order that’s been entered in your case was issued with your child’s best interests in mind. Therefore, the court expects that you and the other parent will abide by the terms of that order. Yet, all too often, parents try to take custody matters into their own hands, blatantly violating validly issued custody orders. If this is happening to you, making it difficult to visit with and otherwise have contact with your child, then you need to think of ways you can force the other parent to adhere to your existing custody order.
But what are your options here? You might feel limited, especially if the other parent is being obstinate and won’t have a meaningful conversation with you about the issue. But don’t lose hope or give up on visiting with your child. Below we discuss some options that might be effective for you in your case so that you can hopefully secure an outcome that allows you to build and retain a meaningful relationship with your child.
What can you do when the other parent fails to abide by a custody order?
You have multiple options here. Let’s look at them so that you can choose the course of action that’s right for you:
- Negotiate resolution: Even if the other parent is being difficult, you should still try to resolve the matter without dragging everyone back to court. This will require you to point out the relevant provisions of the custody order and specify how the other parent is in violation of the order, but you can also be receptive to new visitation arrangements that may work for everyone. You might find that you and your spouse just need better communication to get through whatever difficulties you’re facing.
- Seek a contempt finding: In civil cases, including family law cases, the court’s contempt power is meant to coerce someone into complying with the court’s orders. This may include forcing the other party to pay attorney fees or even the imposition of jail time. To pursue a finding of contempt, though, you need to file a motion with the court that specifies which aspect of the custody order has been violated and how, specifically, the other parent has violated the order.
- Seek modification: Another option is to just seek a modification of the existing custody order. You might be on strong footing here, as the court must consider each parent’s commitment to allowing the child to maintain a good relationship with the other parent. If the other parent is cutting you off from contacting your child or otherwise disrupting your relationship with them, then you might be able to demonstrate that a modification is necessary to protect your child’s best interest. Just make sure you have strong evidence and clear arguments that speak to how circumstances have meaningfully changed since the issuance of the initial custody order.
Don’t leave your custody dispute to chance
Your child’s wellbeing and your relationship with your kid is on the line when you’re in the middle of a custody dispute. That’s why it’s critically important that you develop persuasive legal arguments that speak to your child’s best interests. So, don’t hesitate to start gathering evidence to support your position. After all, you’ll need everything you can find to convince the other parent and the court that what you’re requesting is proper and best for your child.