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.
To ensure that your rights and your child's safety is protected, call our
Raleigh family law attorney at once!
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.