25 Jan How Can I Enforce My Child Custody Order?

Just because a child custody order exists doesn’t mean both parents will follow it. At Bloom Law Office, attorneys have helped many parents struggling to get the other parent to abide by the custody order. Common violations include not abiding by the visitation rights, attempting to alienate the child from the other parent, or taking the child without telling the other parent.

How to Enforce a Child Custody Order

There are many ways to enforce an order, and it starts with getting the right attorney on your side. However, there are also many things a parent can do on their own to help get the custody order enforced. First, make sure you always have the court order in a safe place. Keep a hard copy with other vital documents (preferably in a safety deposit box) and also have an electronic copy saved both in cloud storage and on a device. This is the most important piece of evidence you have.

Make sure you have a solid understanding of the order. It can be confusing, particularly in the early stages of a dispute. You’ll know exactly what your rights are, which can help diffuse many situations. Sometimes a parent thinks the other parent is violating the order when they aren’t. If the other parent is in violation, a good approach is to send a letter to them—preferably drafted by your attorney. This leaves a paper trail and is a “soft method” that encourages the other parent to comply. Formal language should be used, emotions should be kept out, and be sure to highlight that you plan to exercise your rights via the order, your responsibilities, and state that continued violation could lead to legal action.

If necessary, the police may be contacted to help with enforcement. However, remember that not all police departments are willing to involve themselves in family disputes unless the custody violation also involves criminal actions like kidnapping. Sometimes, they may escort you to the other parent’s home to pick up the children, but other times they may refer you to the court system.

The next step might involve filing an action for contempt, which requires legal assistance. This means you’re asking the court to enforce the custody order, but you’ll have to provide proof of the infraction. You’ll have to prove that the other parent disobeyed the court order purposefully.

Child Custody and Support Attorney | Bloom Law Office, West New York

If you believe the other parent has willfully violated a custody order, call Bloom Law Office at 855-208-3650.