When you and your spouse get a divorce, you both must create an appropriate and respectful custody arrangement to move forward and provide for your children. However, when a co-parent does not follow the agreed-upon terms for raising the children, picking them up and dropping them off, or maintaining a safe environment, it disrupts this process. Connecticut family laws provide you with the tools you need to enforce your rights under a parenting plan and take legal action, such as filing a motion for contempt or modification.
A Southbury child custody enforcement lawyer on our team welcomes the chance to assist you as you seek to protect and provide for your children as a co-parent. We understand the types of struggles you may be facing, and we have helped many others find workable and effective solutions. Our experienced child custody attorneys are skilled negotiators and problem-solvers who can advocate for you and your children while also resolving further complications.
After a divorce, Connecticut General Statutes § 46b-56 requires the ex-spouses and judge to create a parental responsibility plan (or custody order) that aligns with the children’s best interests. The court may decide that joint (shared) or sole custody is appropriate, depending on certain factors like the children’s ages or the ability of each parent to provide for them. Once the judge approves a custody arrangement and makes it official, both parents and any other involved parties (e.g., relatives) need to respect and follow it, even if they disagree with the terms.
Parents who disobey the judge’s orders run the risk of having a contempt order entered against them under Conn. Gen. Stat. § 46b-87. When someone is in contempt, it means they did not follow a binding court order and may face hefty legal consequences. Depending on the circumstances, they may face penalties like fines, having to pay the other parent’s legal fees associated with enforcing the custody order, or in extreme cases jail time.
The parent who is not breaking the terms of a custody plan may seek to enforce it by filing a lawsuit against the other parent. If the children are in immediate danger or are in an unsafe environment, then someone could call the police. A child custody attorney in Southbury has the resources to help someone enforce the terms of a parenting order.
After the court approves a custody agreement, it becomes official, thus requiring the parents to respect and follow the order’s terms. Unfortunately, due to life or defiance, one or both parents may not obey the arrangement. Here are some examples of ways that a parent may interfere with the order:
Any of these circumstances may hinder the ability of both parents to have a continuing relationship with the children and for the children to thrive in a healthy environment. To correct this, the non-breaching parent may ask the child custody court to intervene and take steps to enforce the order.
Even in a best-case scenario, co-parenting in the aftermath of a divorce or breakup presents many challenges and can be complicated. When a parent intentionally or inadvertently fails to follow through on their end of the bargain, however, these difficulties are magnified even more.
With the assistance of a Southbury child custody enforcement lawyer at our firm, you can take steps to restore balance to your family. To find out more about how we can help, call us today to schedule a no-obligation consultation.
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