Oakland County Child Custody Enforcement Lawyer
Child custody and parenting time orders are enshrined in court orders and as such are enforceable in court. From consistently being late for custody exchanges to unilaterally taking the child out of state or even out of the country, there are many different ways that custody orders can be violated. There are equally many different ways to handle enforcement of child custody orders when a parent is not abiding by the terms of the custody schedule or parenting plan. The seasoned and effective Oakland County child custody enforcement lawyers at Clarkston Legal can help you understand your options and take the rights steps to get fast results when your co-parent is out of compliance with the rules regarding your child custody arrangements.
Work it out with the other parent
When applicable, a first step is often to try and work the problem out with the other parent. Heading to court every time there is a problem may not be practical or effective. Our skilled and compassionate family law attorneys can help you address matters outside of court, whether through informal discussions and negotiations or other more formal alternatives such as mediation.
Call the Police
Custody orders are court orders, and they are technically enforceable with the help of the police. Generally speaking, police officers try to limit their involvement in “domestic matters” unless they involve violence, kidnapping or other behavior which could rise to the level of criminal charges. It is sometimes possible to get the assistance of the police for some matters, such as accompanying you to a custodial exchange or when picking up your kids at your ex-spouse’s house.
Go to Court
The court has the authority to back up its child custody orders with civil contempt sanctions. In addition to forcing the other parent to comply through fines and other incentives, the court can also award extra time for lost days of custody or visitation, along with requiring your attorney’s fees and costs to be paid by the other parent. The court can also modify the parenting time schedule and/or custody arrangement based on a parent’s non-compliance with existing orders.
One option when going to court is to file a written complaint with the Friend of the Court Office. You’ll need to act within 56 days of the parenting time violation in order to secure this right to enforcement from the FOC. Another option is to file a Motion Regarding Custody and/or Order to Show Cause, asking the court to enforce its parenting time order.
Interstate custody issues
When parents share custody of the children, a parent wishing to relocate with the child needs the consent of the other parent or court approval for any move more than 100 miles from the current residence or out of state. When parents live in different states and have custody issues, questions arise over which state’s court has jurisdiction over the matter. The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdiction issues in interstate custody. This law gives jurisdiction to the court in the child’s home state, which is defined as the state where the child lived for the prior six consecutive months or a state with significant connections with the child and at least one parent and substantial evidence relevant to the case. The home state therefore may be more than one state.
International custody issues can involve not only the UCCJEA but also laws such as the Hague Convention, the Parental Kidnapping Prevention Act, and the Uniform Child Custody Jurisdiction Act. You’ll need the help of a skilled family law attorney who is knowledgeable regarding interstate and international child custody law.
Clarkston Legal is Here for Enforcement of Child Custody in Oakland County
If you need help with enforcement of child custody orders in your Oakland County divorce, or if enforcement actions are being taken against you, call Clarkston Legal at 248-886-6600 for a free consultation with a skilled and experienced Oakland County divorce and child custody lawyer.