Child custody issues can be one of the most difficult subjects to settle in a divorce. Beyond the challenge of getting to an initial agreement, parents and their children have to then adjust to the new custody arrangements.
Complications are expected, but sometimes, a co-parent defies the custody order intentionally. When that happens, you have legal options.
Speak with a New Canaan child custody enforcement lawyer if your co-parent is not adhering to your parenting plan. Our skilled child custody attorneys can review your situation and create an effective strategy to ensure future compliance.
Judges approve parenting plans that serve children’s best interests at the time. When a parent disregards the plan, they are effectively putting their needs or desires ahead of their children’s well-being.
Violations of the parenting plan can delay the children’s adjustment to separate households and cause them significant anxiety. Parents should keep track of issues with the custody arrangement and document the following:
When a pattern of violations emerges, speak with a New Canaan child custody enforcement attorney.
Connecticut courts are overwhelmed; it may be weeks or months before they can hear a custody violation case. In addition to the delay, going directly to court does not help the parents learn to communicate and work together for their children’s benefit.
Direct conversation is the best way to handle issues unless the ex-partners cannot communicate effectively or safely. Working through a mediator can be helpful, or the parents could address the issue through their lawyers. When these interactions do not produce improved compliance, a petition to the court seeking enforcement of the parenting plan may be appropriate.
When attempts to resolve custody issues out of court fail, a parent can petition a judge to find the non-compliant parent in contempt of court. The parent must have proof of the other’s deviations from the parenting plan.
The judge will hold a hearing to listen to both sides. The judge can grant the petitioning parent the relief they requested, do nothing, or take other action they deem in the children’s best interests.
Connecticut General Statutes § 46b-56f allows a parent quick access to the courts when the children are at risk of imminent harm. A judge can order a temporary emergency change to an existing custody order without notice to the other parent.
The court must hold a hearing within 15 days, during which the other parent can present their defense. An experienced lawyer in New Canaan can help a parent apply for, enforce, or defend an emergency child custody order.
It is harmful to children when they cannot rely on the custody schedule or must tolerate a parent’s petty or irresponsible behavior. When your co-parent is not complying with your agreed-upon parenting plan, act quickly to protect your children.
A New Canaan child custody enforcement lawyer can help you take the necessary steps to ensure compliance. Speak with a dedicated attorney about your custody issues today.
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