When parents divorce or separate, court orders will establish when and how they will spend time with their minor children. These California child custody orders are created according to what is in the best interest of the children involved. However, there can be circumstances when one or both parties may fail to abide by a California child custody order. In that circumstance, it may be necessary for the other parent to file an action seeking enforcement of the court’s custody order. Here is more on enforcing a California child custody order:
California Child Custody Orders
There are two types of child custody in California—legal and physical. Legal custody refers to a parent’s right to make decisions regarding their child’s upbringing, health, education and welfare. Physical custody concerns a parent’s right to have their children with them and in their care. When parents divorce, they will have a custody order that sets out their respective decision-making authority and the specific times and days they can have their kids with them.
Child Custody Enforcement
After child custody orders are put in place, parents are expected to observe and obey the terms. These legal and physical custody orders may have been developed through the parents’ negotiations or a judge’s decision. When a parent regularly fails to follow a California child custody order, the other parent may have grounds to file an enforcement action. When a parent files this type of case, they are asking that the court hold the violating party in contempt of court and enforce the child custody order.
What Constitutes a Child Custody Violation?
Ideally, a child custody order will be carefully and specifically drafted according to the parties’ unique circumstances. When the parents work with their attorneys to create this type of order, they can usually anticipate and plan for their family’s needs. In addition, working with counsel can help ensure that the orders include functional and realistic terms. When child custody terms are clearly and specifically defined, it can make it easier for both parties to understand what is expected and avoid misunderstandings and conflict.
When developing a California child custody order, parents should consider issues such as:
- The distance between their homes
- How they intend to divide time during the school year
- How summer and holiday time will be divided
- Any extracurricular activities the children may be involved in now and in the future
- How transportation details and associated expenses will be managed
- Times when parents may need to deviate from the schedule
Not Every Violation Will Warrant Going to Court
It’s important to remember that not every variation from a California child custody order will warrant filing for enforcement. For instance, a parent may be late dropping their child off with the other parent because of an unforeseen traffic delay. There may also be times when a parent’s work schedule requires a temporary change. When parents can communicate and work together when these situations arise, they may not have to resort to legal taking legal action.
What to do When a Parent Repeatedly Fails to Abide by the Order
If a parent consistently and willfully violates the child custody order, the other parent may need to pursue enforcement. Before taking the matter to court, the parent should consult with an experienced child custody attorney to review the infractions. However, if the other parent refuses to return the children to the other parent, it may be necessary to act immediately. In either circumstance, the parent will need to advocacy and assistance of experienced counsel.
Contact an Experienced California Child Custody Attorney
Child custody enforcement may or may not be necessary, depending on your situation. The best way to determine your enforcement options is by consulting with an experienced child custody attorney. Your lawyer can review the violations and help you identify your options.
The attorneys at the Law Offices of Judy L. Burger are experienced California child custody attorneys who can help you with your child custody issues. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.