Get Legal Help For Child Custody Enforcement in Atascadero, CA
It is in your best interest to file a petition for a child custody order if you don’t already have one in California. Even if parents get along today and manage to divide custody in a way that benefits both parties, you never know what the future holds unless you know how to do child custody enforcement in Atascadero, CA.
At 805 Law Group, our Atascadero child custody attorney will walk you through the procedure, advocate for your rights and the best interests of the child, and monitor its implementation.
When a parent disobeys the order, actions can be taken both inside and outside of court to enforce and, in some cases, alter the order. Give our legal team a call right away.
Why Do I Need Child Custody Enforcement in California?
It has never been more crucial to have an experienced attorney at your side from the beginning of a Child Custody Enforcement in Atascadero, CA, whether it is an initial determination or a custody modification case. The following are some important reasons:
- An attorney can explain the procedure and what to anticipate
Your case will suffer if you are unaware of what the Family Court requires and how to properly follow the relevant Rules of Civil Procedure and Rules of Family Court. You can get assistance in understanding what is happening at each stage of the process as well as what you can reasonably anticipate in terms of court rulings from an experienced lawyer who routinely (or better yet exclusively) practices family law. As a result, your rights will be upheld throughout the process and you will be able to make better decisions for yourself and your children.
- As a parent, an attorney can assist in defending your rights
A family law attorney you engage to assist you in a child custody dispute will be aware of the rights to access information about your children you inherently possess. On the other hand, the absence of an attorney makes it simpler for the other party to pressure you into accepting terms you otherwise would never have to.
- A lawyer can offer guidance and support at a difficult moment
Whether you are the plaintiff or the defendant, going through a family court case may be highly stressful. A competent attorney will assist in directing your behavior and making sure that you avoid unintentionally saying or doing anything that could harm your case.
- An attorney will be up to date on legal developments and how they relate to your situation
Although the laws governing child custody are largely stable, new rulings from appellate courts, both at the federal and state levels, are always coming down that change how certain situations will be handled. These modifications may have a significant impact on your case, so it’s crucial to consult with a family court lawyer who stays current with these developments and is aware of how they may apply in your particular case.
Child Custody Enforcement in Atascadero, CA is difficult and stressful. It’s crucial to have a family law attorney who is knowledgeable about the law and can fight for your best interests and the interests of your children if you’re going through one. If you need assistance hiring a lawyer or want more details about child custody enforcement, get in touch with us right away. We’re prepared to assist you!
What Is Child Custody in California?
California courts must take into account a number of child custody-related factors when making custody decisions. The first and most crucial consideration is what’s best for your child. After that, factors like your child’s age, health, emotional connections, school, and community affiliations, as well as any prior instances of family abuse or neglect, are taken into account. The majority of the California child custody process revolves around developing a parenting plan. The specifics of custody are laid forth in the parenting plan. More importantly, a court will only approve it if it is in the best interests of your child.
Lastly, in California, you will typically still have physical custody if your child spends the majority of their time with your ex. There are different kinds of visitation orders, and much like custody decisions, the court will make visiting decisions based on what is best for your child. Your personal circumstances or your child’s demands could change as time passes. In that case, you can submit a request to change the custody order.
How to Enforce a Child Custody Order?
You can call your local police to ask them to enforce the order or you can ask the child abduction unit of your county district attorney’s office for assistance if you have a court order that clearly states when a child is to be with each parent and the other parent is refusing to let you see your child during your designated parenting time.
There are steps you can take to make things right if the other parent of your child refuses to abide by the terms of the court judgment specifying custody of the child. First, you must continue to comply with the terms of the custody agreement and any applicable support orders for your child in order to prevent the co-parent from taking legal action against you. Also, it’s crucial to keep track of every time the other parent disobeys the custody order so that, in the event that you need to ask the court for custody enforcement, you can demonstrate why the solution you’re asking for is needed.
It is typically advisable to try to settle the issue without legal involvement, if at all possible. You can submit a motion for enforcement and, if required, a motion to hold the co-parent in contempt if that is not possible. A court may decide to change the custody arrangement, fine the offending parent, or impose additional sanctions depending on the type and seriousness of the breach.
In California, restricting a parent’s access to a child may also be used as grounds for modifying the parenting arrangement, including changing who is designated as the custodial parent. Consult a Child custody attorney if you are thinking about bringing a contempt action or if you think the other parent’s conduct is serious enough to call for a modification of your parenting orders.
Additionally, in a few states, like California, you can ask the court to order the other parent to pay you back for costs you incurred when they didn’t take the child where they were supposed to, including transportation or child care.
What Are Enforceable Custody and Visitation Orders?
When a child is to spend time with each parent, as well as how the parents are to divide their time with the child on special occasions like birthdays, vacations, and other holidays, precise instructions must be included in custody and visitation orders for them to be enforceable. The court’s order must specify how the parents would transport their children to and from their homes and extracurricular activities.
If you need assistance, the authorities should be able to follow your order since it should be crystal clear. Maintain a copy of the order in a secure location where you can access it quickly if required. It is also a good idea to share a copy of the orders stating any restrictions with the person or people who will be supervising these transitions, such as your child’s teachers or daycare providers if you and the other parent will be switching off picking up a child from daycare, school and the likes.
Keep a journal recording all dates, times, and specifics of the violations if you discover that the other parent consistently violates your parenting plan. If you need to go to court to have your orders enforced, this will be very beneficial.
Get a new order from the court if you and the other parent decide to significantly change the details of your custody and visitation schedule.
What if the Other Parent Interferes with Custody or Visitation?
Unfortunately, it happens frequently for one parent to interfere with the other parent’s right to visitation or custody. The parent interfering may feel (rightly or wrongly) that the other parent is a threat or may be upset that the other parent has not made court-ordered child support payments. Parents must understand that they cannot simply take the law into their own hands and deny the other parent access to the child after court orders are in place.
In an emergency, a parent may take or keep a child for safety concerns if they fear the child is at immediate risk of emotional or physical harm by the other parent. Still, they must follow up on any such action through the proper legal channels. If you find yourself in this situation, get in touch with the district attorney’s office’s child abduction unit immediately and follow their instructions.
According to California law, it is child abduction when a parent takes or keeps a child away from the other parent in violation of custody and visitation orders.
Call our Atascadero Child Custody Enforcement Attorney Now!
In an ideal world, parents would abide by all custody orders pertaining to their child, but that does not always happen. Trying to co-parent with someone who won’t follow the court-imposed guidelines can be frustrating. The child that the orders are meant to protect will also likely experience confusion and turmoil if the requirements outlined in custody orders are not followed.
As a result, it is frequently necessary for one parent to take action in order to convince the other to perform their parental duties. Consulting with an experienced child custody enforcement attorney in Atascadero is one of the best ways to understand this procedure.
We at the 805 Law Group are aware that enforcing child custody enforcement is a delicate subject. Our firm has a history of obtaining successful outcomes in court and has over 20 years of experience helping families in Atascadero and all around San Luis Obispo County.
Our family law attorney provides thorough legal services, counsel, and representation in family law matters. Call us right away!
Additionally, please don’t be hesitant to reach out to us if you have any legal questions; whether you’re dealing with other difficult family law matters, a criminal defense case, an estate planning case, or a personal injury claim, our attorneys are here to offer you helpful legal advice.