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Once the court approves a custody arrangement, both parents have an obligation to follow the terms exactly unless the court later changes the order. Unfortunately, it is not uncommon for problems to arise regarding parenting time or custody, especially when the relationship between parents is not good.
A Midway child custody enforcement lawyer can help parents enforce parenting plans, respond to repeated violations, and protect their parental rights through the state family court system. If you believe your co-parent is not complying with the court order, the experienced child custody attorneys at Carr | Woodall are here to help.
Many parents assume minor violations of a custody order are not serious enough to justify court involvement. In reality, even small breaches of a parenting agreement violate a court order. The court expects both parents to comply with the terms exactly as written, and there is no grace period for violating the agreement.
For example, repeatedly returning a child late, refusing scheduled phone calls, canceling visitation without justification, or withholding information about school or medical issues may all violate the custody order. One isolated incident may not lead to major penalties, but repeated violations often become significant problems in family court.
Judges closely examine patterns of noncompliance because those patterns may show that one parent is interfering with the child’s relationship with the other parent. Our Midway attorneys could review the facts in your case and help you understand your options for enforcing a child custody order.
Utah courts have several enforcement tools available when one parent refuses to follow a custody order. Our Midway child custody attorneys could advise you on how the following enforcement options might work in your case.
A judge may hold a parent in contempt for intentionally violating a custody order. Contempt proceedings allow the court to investigate the violations and determine whether a parent knowingly failed to comply. Penalties may include fines, attorney’s fees, and even jail time in serious cases, although incarceration is rare.
When one parent improperly denies visitation or interferes with scheduled custody, the court may award additional parenting time to compensate for the lost time with the child.
Courts sometimes order the violating parent to pay the other parent’s attorney’s fees and legal expenses. Judges may use this remedy when one party forces unnecessary court involvement through repeated noncompliance.
Sometimes custody disputes happen because the current order no longer works realistically for the family’s situation. Work schedules change, children grow older, parents relocate, or transportation issues develop over time. When compliance becomes difficult under the existing terms, seeking a formal modification may provide a better solution than facing repeat violations.
Courts may modify custody arrangements when substantial changes in circumstances affect the child’s best interests. However, parents cannot simply create new arrangements on their own and assume the court will approve them later.
The court can also decide to use modification as a remedy when one parent has failed to comply with the order. This is common in cases where the parent repeatedly fails to stick to the parenting plan. Our child custody enforcement attorneys in Midway could help you determine how to address a custody dispute.
Custody orders only work when both parents follow them consistently. Even seemingly minor violations can create lasting problems for both the child and the parents involved. A Midway child custody enforcement lawyer could help enforce these orders and protect your rights. Call us for a confidential consultation today.