How to File for Child Custody Contempt in FL
Court-ordered child custody arrangements are legally enforceable orders that set out the specific terms and conditions of visitation and parenting time for parents and their kids. If your ex or co-parent doesn’t want to comply with the order, they can be held in contempt of court.
Violating a Child Custody Order Can Lead to Contempt of Court
If you and your child’s other parent are legally obligated to comply with a court-ordered child custody agreement or parenting plan, you expect that all parties to the order will comply with all the terms of the arrangement. A major component of this arrangement involves the conditions of child support and physical and legal custody.
Once the court approves a child custody arrangement and turns it into an official order, both parents must comply with it. Sometimes, however, one parent carelessly or intentionally fails to follow the order, making them guilty of contempt. When this happens, they can face serious consequences, such as fines and even jail time.
What to Do If Your Co-Parent Refuses to Comply with a Child Custody Order
Family courts usually prefer parents to resolve their own issues without involving the courts. But if this isn’t possible and you want to hold your co-parent accountable for their actions, you must act as soon as possible to protect your child’s best interests and ensure the best possible outcome for your case.
You can enforce a final child custody judgment or court order by having your FL child custody attorney file a motion for civil contempt/enforcement. The motion must specifically describe what condition your co-parent violated, such as not following the scheduled parenting time.
Your attorney must file the motion with the specific court that handles your case and serve the motion to all parties involved to ensure they know you’re taking legal action. The court will schedule a date for the hearing after you’ve filed the motion. You must then inform the parties involved in the case of the hearing date.
During the hearing, you will need to prove that your co-parent violated the order. You should also expect them to defend themselves against your accusations. If the court finds that your co-parent has violated the order, they will be found in contempt and face appropriate sanctions to prevent noncompliance in the future:
- Compensatory or coercive fines
- Payment for all legal fees associated with the non-compliance
- Jail time
- Any other legal remedies the court considers appropriate
Seek Legal Advice From a Top FL Child Custody Attorney Today
A bitter custody battle can profoundly impact you and your children’s lives. A skilled FL child custody attorney can help make sure that you’re prepared and offer you peace of mind knowing that you have someone looking out for you and your children’s best interests.
Our experienced FL child custody attorney, Brian McMahon, can guide you through the legal process whether you are seeking enforcement or have been accused of violating a custody order. Reach us online or dial 561-658-1789 to schedule your free case consultation.