NextLevel Law P.C

PLEASE NOTE: NextLevel Law, P.C. by Daniel R. Hernandez, Esq. remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone or video conference. Please call our office to discuss your options.

PLEASE NOTE: NextLevel Law, P.C. by Daniel R. Hernandez, Esq. remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone or video conference. Please call our office to discuss your options.

Is your co-parent constantly violating child custody orders?

On Behalf of | Mar 7, 2022 | Divorce |

Co-parenting can be a headache, especially if you are not on good terms with your former spouse. While both parents should put their differences aside and focus on bringing up the children, it is not always the case. You may find yourself in a situation where your co-parent prevents you from seeing the children or disregarding other terms of the custody order.

If your co-parent is not following court-issued custody orders, you need to protect your parental rights and the children’s well-being. You may have to seek the court’s intervention in correcting the situation.

The court can enforce or modify the existing custody orders

Violating court orders is an offense, and your co-parent may be penalized for that. They could be held in contempt of court, while repeated violations can attract fines or even time in jail.

In addition, the court may revise the existing orders and take away physical custody from the other parent if it is established that doing so is in the children’s best interests. In some rare cases, you may be given sole custody of the children.

You need to have evidence

Word of mouth is usually not enough to convince the court that your co-parent is violating the custody orders. You need to have clear evidence of your claims for the court to act.

For instance, providing communication records such as text messaging to support your claims or even statements from the children can help your case.

Do not wait long before taking action

A one-off incident should not raise the alarm. However, if the issue persists, it is advisable to act before things get out of hand. Your kids may be at risk of parental kidnapping if you delay taking action, and your continued absence in their lives could ruin the parent-child relationship you had with them.