Legal Remedies For Fathers: Enforcing Visitation and Custody Orders

If you have a custody or visitation order, it’s important to follow it to the letter. If you don’t, the other parent could violate your rights and cause serious harm to your children.

If the other parent is violating your custody or visitation order, you can enforce it through several different legal remedies, depending on your state. These remedies include filing a motion to enforce your court order, hiring an attorney for civil contempt proceedings or calling the police.

File a Motion to Enforce Custody or Visitation: This option is usually the most effective way to enforce your custody or visitation order, and it’s the most straightforward. Once you file your motion, a judge will set a hearing to see if the other parent is violating the order and decide what should happen.

Contact Your Ex to Try to Resolve the Issue: If your custody or visitation arrangement is already in place, it’s essential to resolve any disputes between you and your co-parent before they get out of hand. Reaching out to the other parent before you take a more serious action can help you avoid court interference and retaliation in the future.

Keep a Calendar and Document Violations: If you’re unable to resolve a visitation or custody dispute with the other parent, it’s critical to document any violations. For example, if the other parent fails to provide your child for a scheduled visit, make sure you send an email or text asking why. This is a way to document the violation and also help you prove it was not an accident that caused your ex to deny you access.

Update Your Contact Information: If your court order requires you to update your contact information with the other parent, you need to do so. Not updating this information can be a serious violation of your rights and could result in you being held in contempt of court.

Call the Police: If you notice your children missing from their scheduled visitation, it’s imperative to call the police. While many local police departments are hesitant to get involved in non-criminal matters, they can be more willing to help you if the issue involves your children.

Ask for a Change of Custody or Visitation: If you believe that your custody or visitation order is not in your children’s best interests, you may be able to convince the court to modify it. This process is a bit more complex than the enforcement procedures discussed above, and you’ll need to hire a Miami-Dade County family attorneys to help you.

Talk to a Lawyer: If you need more extensive assistance with your case, it’s important to speak with a lawyer as soon as possible. An attorney will be able to tell you how your situation fits into the law and help you present your case in the most compelling manner.

Filing a Contempt Petition: If your co-parent is failing to comply with a custody or visitation order, you can file a petition for civil contempt of court in New York. In this type of case, you need to show that the other parent has willfully disobeyed the court order and is likely to continue to do so.

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