Child custody is one of the most important aspects of a divorce. It is also one of the most difficult to deal with, both emotionally and logistically. In many cases, parents violate the terms of their custody agreement without realizing it. In other cases, one parent deliberately interferes with the other’s custodial rights, but that’s where child custody enforcement comes in.
What is child custody enforcement?
Child custody enforcement is the process of forcing a parent to comply with the terms of a child custody agreement. This can be done through a variety of means, including mediation, arbitration, and court action.
When should you file an enforcement action?
There are many reasons why you might file an enforcement action. The most common reason is that the other parent has violated the terms of the custody agreement. This can include failing to show up for scheduled visitation, interfering with your custodial rights, or refusing to allow the child to be seen by a doctor or therapist.
Other reasons for filing an enforcement action include the following:
- The other parent has moved without giving any notice
- The other parent has failed to pay child support
- The other parent has refused to allow you to see the child’s school records or medical records
- You believe the child is in danger with the other parent
Considerations before filing
Before you file an enforcement action, there are a few things you should consider. First, try to resolve the issue with the other parent outside of court. You can do this through mediation or arbitration. This may especially be possible if the violation is a first-time offense. Second, make sure you have a solid case before going to court.
This means having evidence of the other parent’s violation and proving that it has caused you harm. Finally, keep in mind the fact that enforcement actions can be time-consuming and emotionally draining.
Enforcing a child custody agreement can be a difficult and costly process. But if you have exhausted all other options, it may be the best way to protect your custodial rights and ensure the safety of your child.