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What Should I Do if My Ex-Spouse Has Violated a Child Custody Order?

Posted on in Child Custody and Visitation

Los Gatos, CA child custody violation lawyerFollowing the finalization of a divorce, both parties will likely feel some level of relief, since they will be able to move on and begin the next phase of their lives. However, there are some cases in which conflicts can continue even after the divorce process has ended. Divorced parents are required to follow the child custody orders established by the court, and if one parent does not meet their requirements, the other parent may need to take legal action. If your spouse has violated your child custody order, you should speak with an experienced family law attorney to determine your legal options.

Examples of Custody Violations 

Custody order violations may pertain to both physical and legal custody. The most common violations involve a parent failing to abide by the terms of physical custody. For example, a parent may be consistently late picking up or dropping off children at the beginning and end of their visitation time, or one parent may refuse to allow the other parent to spend time with children as ordered by the court. Violations regarding legal custody may involve a parent making decisions about children’s education or healthcare without consulting with the other parent, or one parent may refuse to share information such as children’s school or medical records with the other party.

Steps You Can Take 

In the state of California, custody order violations are taken seriously, and they can result in significant legal consequences. If your ex-spouse has committed this type of violation, you will want to document the specific details of how they have violated the court’s orders. This may include noting the dates and times when they did not follow the visitation schedule or gathering other forms of evidence showing that they did not meet their court-ordered requirements. If your ex-spouse has consistently and willfully violated your child custody order, you may ask that they be held in contempt of court. If necessary, you can also petition the court for a modification of your child custody order to address your ex-spouse’s actions and ensure that your children’s best interests are protected.

Contact a Los Gatos, California Family Law Attorney 

Attorney Benita Ventresca has helped countless parents navigate the divorce process. If you are experiencing custody issues in the aftermath of your divorce, Attorney Ventresca can assist you in enforcing the court’s orders or seeking a modification to your divorce decree. To schedule a free initial consultation with our compassionate Los Gatos child custody lawyer, call us today at 408-395-8822. 

Sources:

https://www.courts.ca.gov/1188.htm?rdeLocaleAttr=en

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