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Child custody is among one of the most contested issues in a divorce. Once a judge approves a final custody and visitation order, both parents must abide by it or face sanctions.
If your co-parent is not abiding by your custody agreement, you should consult a Hamilton County child custody enforcement lawyer. Our competent legal team of child custody attorneys could file a petition in court to secure the other party’s compliance.
When a parent is not fulfilling their custody obligations, the other parent can file a court petition requesting that a judge enforce the order and sanction the offending parent. In the petition, the parent seeking relief should detail the other parent’s violations, including when, where, and how they disobeyed the order.
After reviewing the petition, a judge will conduct a hearing where both parties can present evidence and arguments in their side of the case. The court can consider whether the offending parent has a history of prior violations when determining the appropriate punishment. If the judge finds that the parent purposefully violated the custody order, they could hold them in contempt.
Contempt proceedings require an extensive understanding of the law, evidentiary rules, and courtroom procedure. A parent seeking contempt or facing contempt charges is well-advised to seek assistance from a knowledgeable attorney familiar with child custody enforcement law in Hamilton County.
When a judge issues a child custody order, it is legally binding on both parents. Either parent could be held in contempt for violating the order, regardless of the custody arrangement.
If a court finds a parent in contempt, they can order the parent to pay a fine, reimburse the other parent for their legal fees, or even serve time in jail if the violations were severe. If a parent continues to disobey the court, notwithstanding these sanctions, a judge could modify custody and restrict that parent’s time with their child. If the case’s facts indicate that the parent’s contemptuous actions put the child in danger, a court could order supervised visitation or terminate the offending parent’s rights entirely.
Because there is so much at stake in a contempt or enforcement case, a parent should talk with a knowledgeable child custody enforcement lawyer before attempting to represent themselves in court.
A parent who has moved into Tennessee may need to enforce the child custody order issued in their home state. Before a judge considers an enforcement or contempt action for an order issued in another state, a parent must take specific steps, including registering the order in family court.
If the other parent opposes the contempt or enforcement case hearing, they can object to the registration and contest the order. Enforcement of a foreign custody order can be complicated, and different courts have different procedural requirements. To ensure that an out-of-state child custody order is properly enforced, a parent could work with a practiced lawyer in Hamilton County.
Family courts issue child custody orders they believe are in the best interests of the child. However, all too often, one parent refuses to comply with the custody and visitation plan ordered by a judge, causing stress and contention for the parents and children alike.
If your child’s other parent continuously disregards the child custody agreement, an experienced Hamilton County child custody enforcement lawyer could help. Our compassionate legal team could file a petition for contempt and enforcement and present your case in court. Call today to schedule your private consultation.