What To Do If Your Ex Spouse Doesn’t Follow a Child Custody Order?
How To Deal With An Ex Spouse Who Doesn’t Comply Child Visitation
Getting a custody order in place can be one of the most contentious issues in your split from your co-parent. Many people want to have more time with their kids, and they don’t want to give up any of that time to their ex. However, most Arizona courts will default to granting 50/50 custody to the parents, or as close to it as possible.
You may breathe a sigh of relief that the fight is behind you once a child custody agreement is put in place. But you may soon find that you are fighting a battle again if your ex refuses to follow that custody order. You will need to work with a Glendale child custody lawyer to get your ex into compliance or to ask for a modification to your custody order.
Enforcing a Custody Order
If you can work out a custody dispute directly with your ex, that will be much better for everyone in the long run. You’ll save a lot of money, and you’ll create a more positive and cooperative environment for your children. But if you can’t work out an agreement, you can ask your child custody lawyer to intervene. Usually, having your lawyer send a strongly worded letter is enough to get your ex to act.
If you get no response from the letter, your next move may be to take action in court. Prepare for your case by gathering documentation. Note any times that your ex violated the custody order, including dates and times, as well as your response to these violations. Your child custody lawyer will advise you on additional documentation you can provide. A judge will review this information and will make a ruling about enforcing the order. If found to be in violation, your ex may be ordered to pay fines or even spend time in jail.
Modifying a Custody Order
You may find that the violations are indicative of a larger problem that needs to be part of a larger conversation, perhaps leading to a modification of the custody schedule. Typically, a judge would not consider a modification any earlier than a year after the first custody order was established. You would need to have a serious reason to request such a change, such as believing that your children were being abused or were in some kind of danger. Your Tucson family law lawyer would help you file an emergency child custody request in those circumstances.
Know that you are not able to refuse to comply with the custody order yourself if your ex does not pay child support or if you don’t like something that is happening on your ex’s time. Instead, you need to file to modify the custody order, or you need to seek enforcement of the child support order. If you keep the children from your ex outside of the custody order, you could be the one facing penalties.
Also keep in mind that a court would require that there be “continual and substantial” changes to the child’s situation to approve a change to the child custody order. Your attorney will review the circumstances to help you understand how a judge would treat your request, and will help you create a case that will give you the best chance of success.
Always work with an experienced Avondale child custody lawyer to enforce a child custody order or to modify one. You will be more successful with an attorney on your side, and you will ensure that you get a legally enforceable action and avoid penalty yourself.
Hire a Top-Rated Child Custody Lawyer In Glendale, AZ
Call My AZ Lawyers today to talk with a child custody lawyer if you need to enforce a current agreement or make modifications. A family law attorney from our team will review the circumstances of your case and then talk to you about all the options, as well as counsel you about the potential success of each one. Our team can help you with your child custody or child support order at any stage, whether you are seeking a new order or need to enforce a current order. We have offices in Phoenix, Mesa, Glendale, and Tucson. Contact us today to schedule a free consultation with a family law attorney and learn more about your options.
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 469-6603