What Should I Do if My Ex Won’t Abide by the Custody Order?
Custody orders can be the result of parents consenting to a custody arrangement or the court ordering a custody schedule. In Pennsylvania, there are two categories of custody to consider: legal and physical. Legal custody is the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions. Physical custody relates to where the child sleeps. Custody orders usually address both categories.
Oftentimes one party will file a Motion for Contempt when the other party is failing to abide by the terms of the order. Contempt is when a party willfully violates a previously entered court order.
Ways in Which Custody Orders are Violated
- One parent moving out of a geographic area with the child without following proper procedures
- Denying the other parent their physical custody time with the child
- Interfering with the communication between the child and the other parent
If you believe the other parent is violating a current custody order or agreement, and you have attempted to resolve the situation on your own but to no avail, then it would be the time to call a family law attorney. Often a parent may attempt to involve the police. Police are often reluctant to get involved in family court matters.
When is the Right Time to call an Attorney?
Calling an attorney at the outset of a custody violation can be enormously beneficial. Sometimes all it takes is a letter from an attorney for the breaching party to behave. If the problems continue, the attorney may file a Motion for Contempt. If the other parent is found to be in contempt, a judge has the power to enforce the order and to sanction the other parent.
Some Possible Sanctions for Violating a Custody Order
- A warning for first offences
- An award of attorney’s fees to the moving party
- Possible modification of the custody arrangement for egregious behavior
- Make-up time
- Other monetary sanctions
Contact a Pittsburgh Child Custody Attorney Today
If your ex is violating the terms of the custody order or if your ex filed a contempt motion against you, now is the time to hire an experienced attorney to help you through this complicated legal procedure. Our Pittsburgh child custody attorneys will give you step-by-step guidance to make sure you and your children are protected. Pick up the phone today and call 412-391-4330 to reach us at Bunde & Roberts, P.C.