A custody order is a determination by a court that provides the rules on how parents who have been divorced can exercise legal and physical custody of their children.Legal custody gives one or both parents the right to make long-term decisions related to raising a child.One or both parents have the right to provide physical care and supervision to their child.The right to visit the children for the parent who does not have physical custody is provided by the custody order.If your former spouse violates the terms of the custody order issued by a court with respect to your children, you have a number of options to enforce the order.There are a number of common violations of custody orders, including taking the child without the other parent's consent, trying to separate the children from their parents, and not adhering to the terms of the custody order.
Step 1: The court order should be kept in a secure place.
This is important.A certified copy is issued by the court.The best and legally authoritative evidence of your rights and responsibilities in child custody can be found in the court order.
Step 2: The order should be reviewed.
If you are in the early stages of a child custody dispute, review the details of the order to see what your rights and responsibilities are.You may think your former partner is violating the child custody agreement, but that may not be the case.If the other party is in violation of the order, review it carefully.
Step 3: Send a letter to your former spouse.
Soft methods of enforcement may be a better way to start than going straight to the authorities.It is possible to resolve your dispute regarding the custody order amicably.Sending a written notice to the parent in violation of the order is a soft method of enforcement.A family law attorney can help with the letter.When writing a letter, use formal language and include information that you plan to exercise your rights under the order.It is possible to visit the children at a specified time and location.You will exercise your responsibilities under the order.The order requires that the kids be returned at a specified time.A contempt of court action could be filed against the non-complying parent if the continued violation of the order continues.The parent was in violation of the order.
Step 4: The police can help you enforce the order.
The nature of the violation may make you feel like you need the help of law enforcement to enforce the order.The police are an option in this case.Although police enforcement of a custody order is a possibility, in practice your local law enforcement may be unwilling to become involved in a family dispute unless the violation of the order involves criminal violations.It could be abuse or kidnapping.If you have to call the non-complying parent to pick up your kids, the police may be willing to help.If the infraction is not criminal in nature, you may be asked to take the matter to court by the police.
Step 5: You can file an action for contempt.
If writing a letter or having the police involved doesn't work, you can ask the courts to enforce the order through an action for contempt.You ask a court to enforce an order in a contempt action.The court can decide if the other parent willfully violated the order.The consequences can be serious for the non-complying parent.The burden of proof is on you.It is up to you to prove that the non-complying parent willfully violated the custody order.The non-complying parent knew about the order and was able to comply with it, but did not have a just cause or excuse for violating it.It is necessary to file a motion in the same court where the custody order was issued.The court will issue a hearing date when a motion is filed.She can help you file the motion if you are using the help of an attorney.The court clerk can give you information on filing documents and procedures.The non-complying parent has a right to know about the motion and pending charges against him.The paperwork must be served to the non-complying parent after the court issues a hearing.Your lawyer can help you with this process.The judge will hear evidence from you and the non-complying parent at the hearing.The judge will determine whether or not the non-complying parent is in contempt after hearing evidence.The court will issue an order detailing how the non-complying parent must comply if the judge finds the necessary proof.The purpose of a contempt action is to pressure the non-complying parent into complying with the custody order.A finding of contempt can lead to serious consequences for the non-complying parent, so don't try to use this method for resolving minor disputes.Civil and criminal charges such as fines, paying attorney fees, and even a consequence as serious as jail time are included in these consequences.
Step 6: Know your rights when it comes to enforcement.
If you or your former spouse have relocated to a different state since your custody order was made, it is necessary to know the rules regarding the enforcement of custody orders across state lines.The Uniform Child Custody Jurisdiction and Enforcement Act governs the enforcement of foreign laws.There are out-of-state custody orders.The National Conference of Commissioners on Uniform State Laws is a non-governmental organization that publishes model acts that promote legal uniformity across the United States.The states need to adopt a model act for it to be enforced.The United States, the District of Columbia, and the U.S. Virgin Islands have all adopted the UCCJEA.Although a bill has been introduced in Massachusetts to adopt the act, it was rejected by Puerto Rico.
Step 7: Register your out-of-state custody order.
If you have an out-of-state custody order, you should register it in your current state of residence.You can register your out of state custody order with the UCCJEA.If you register your order, the courts in your current state of residence can be notified about your custody order.If you register, you are testing the validity of your order.Registering assures you that the order will be enforced in the future.You limit the possible defenses to enforcement that may exist if you register.If you need to enforce the order in the future, you can do it without delays.You can save money by eliminating the need for a lawyer if you register the order.If you register the order, you make it enforceable as if it were an in-state custody order.
Step 8: Register the order.
If you decide to register your custody order in your new state of residence, you need to send a request to the court in that state.Documentation for that request, the custody order and other required information will be provided by you.The court will serve notice after they file the order.Inform the other parent about the registration.If the other parent does not contest the validity of the order, it becomes enforceable as if it were a local order.In-state custody order.
Step 9: If necessary, seek expedited enforcement.
In cases where your goal is to regain physical custody of your child immediately, the UCCJEA creates a fast-track enforcement mechanism.The expedited remedy can be used if the other parent poses a risk to your child.You can get a warrant to take physical custody of the child.The hearing will happen as soon as possible.Unless the other parent has a valid defense, the warrant will be issued the same day or the next day.
Step 10: Inform the police if your child is in danger.
One of the parents can't take the child if the enforcement provisions are not in place.You can file a petition for a pick up order if you worry that your child will suffer serious physical harm or be taken away from the state by the other parent.By phone or in person, the court takes testimony.The court will issue a warrant if it finds that the child is likely to suffer serious harm or be removed from the state.At the time the police pick up the child, there will be an opportunity for a hearing to take place as early as the next day if possible.