What Can I Do if My Ex Violates the Child Custody Agreement?By Moskowitz Law Group, LLC |
Going through a divorce is difficult, and it may be even more difficult when it involves child custody. You want to spend time with your child but your ex-partner may try to prevent you from doing so. In certain instances, this may be illegal and you need to protect your NJ child custody rights, potentially requiring the help of an experienced local custody lawyer. To help build your case and learn your options, record the times and dates when your ex-spouse violates your custody agreement, and share this information with your attorney. This could help determine which modes of action may be suitable.
Depending on the severity of your situation, such as in situations where this is a repeated offense, you may be entitled to additional time with your child as compensation. In some cases, you may receive a modified court child custody order to alleviate any existing problems. Any changes in the court order vary case by case and are entirely up to the court and/or judge. The main considerations are what is in the best interest of your child, and what is fair when weighing the custody offense’s severity.
What if Your Ex-Spouse Continues to Violate Custody Orders?
If issues persist or the offense is egregious, an attorney may work to take more severe action to protect your custody rights, potentially informing the judge about the situation and taking things to court. Judges in New Jersey have the discretion to file a change in circumstances modification to your child custody agreement or file a contempt of court charge against your ex for violating the custody agreement. These approaches are action-oriented and may only be used for severe or prolonged child custody contract violations. In cases where an ex-partner presents a threat to the child, it may also be necessary inform and involve law enforcement and the appropriate child service agencies.
Overall, each child custody case is complicated and has many considerations. The court’s main purpose is to provide the child with the best possible living situation while also considering the rights of each parent. Likewise, there are degrees of child custody violations and you may need to compile the appropriate evidence to support your case.
Work with an Attorney to Help With Your Custody Battle
Given this issue’s complexity, talking with the parent’s rights attorneys at Moskowitz Law Group can help plan your course of action. We have many years of experience in New Jersey child custody law and want to help you so you can spend quality time with your child.
Take complete notes and provide what evidence you have that your ex-partner is violating the terms of your custody agreement. If appropriate, we may send a letter to your divorced partner explaining the consequences of violating a court order. We may also recommend you and your ex participate in a conflict mediation program to achieve mutually beneficial results without necessarily having to go to court. Call now to get the help you need.