Enforcing a Child Custody Arrangement

Our Raleigh Child Custody Lawyer Can Fight for You!

Parents who need assistance enforcing a child custody or visitation order will need to turn to a knowledgeable Raleigh family lawyer who can help ensure that the court order is carried out. With the details of your child custody award laid out in a court order, we are available to help you ensure that it is upheld by the other party. If you are having difficulty following a custody order due to changes in your life, we can assist you with modifying custody.

As you will need to be able to present credible evidence of the child custody order violation, our firm can get involved and help you build a case. If the other parent is violating the order, our team can help you protect the child’s best interests and protect your rights.

Child Custody Basics

When it comes to child custody, the court does not give preferential treatment to either parent; both mothers and fathers are given equal consideration in determining child custody. In general, it comes down to what is in the best interests of the child, and there aren't any rules about how much time the non-custodial parent will get. It is best for the parents to agree on a child custody arrangement. However, if there is a lot of conflict, the parties can pursue an alternative dispute resolution, such as mediation or arbitration, or they can go to court.

When one parent has custody of the child, the other parent will likely receive visitation rights. In North Carolina, there are not rules over how much visitation the non-custodial parent should get. In general parents need to attend mandatory court mediation to come up with an arrangement; upon completion, the court give its seal of approval.

When Parents Violate Court Orders

Once there is a child custody and visitation arrangement legally in force, unfortunately, it is not uncommon for a custodial parent to deny the other parent access to their child at some point in time.

When this happens the custodial parent may not allow the non-custodial parent to see their child during their scheduled visitation time. In extreme cases the custodial parent may hide the child or even leave the area, the county, or even the state with the child in an effort to bar the non-custodial parent from visitation.

The family court system separates child support from visitation issues. This means if the non-custodial parent fails to pay child support, they cannot be denied visitation, and if the custodial parent denies visitation, it does not mean the non-custodial parent can stop paying child support. This law protects parents who are being denied visitation right or child support payments.

Your Rights to Your Child

In the absence of domestic violence or substance abuse, non-custodial parents have rights to their children. Child visitation enforcement is generally handled at the state level, and there are different legal remedies depending on the individual circumstances of the case. For example, a contempt of court proceeding is one of the most common ways to enforce a child custody order, another such remedy may include punitive custody changes, in which case the court may modify the custody order based on the other parent's willful misconduct.

If you are currently being denied visitation to your child, contact a Raleigh child custody attorney from Hopper Law Office to find out what proceeding would be the best to initiate against the other parent.