One of the biggest points of stress for a couple who are seeking divorce is determining which parent will have custody of any children. There are so many different things to think about, whether it’s scheduled visitations to who the child will spend more time with. Procuring a child custody order is a process that can be complicated.
You also have to consider the fact that the other parent may not choose to follow the guidelines as set out by law. For those in this situation, a Plainfield child custody attorney can help you with legal recourse. First, let’s look at how enforcing custody works in the state of Illinois.
In many cases, violating a custody order may be entirely accidental. For those who are on good terms with the other parent, it can be an excellent idea to remind them about the terms of the agreement before you choose to take legal action. If the other person isn’t interested in complying, you can also remind them that there are legal ramifications for this.
When the other parent is still refusing compliance, legal action can be taken in the form of holding the parent in contempt of court. This means that the person has violated a court order. It is also one of the most common ways in which a child custody order is enforced. Being held in contempt of court may also bring with it jail time, a fine, or a combination of the two.
At the court hearing, you will be required to offer evidence that the other parent has violated their custody order. This only counts when it comes to a court order, not a verbal agreement that you may have had with the other parent. If there is no support in the court order, there are likely to be few or no consequences legally.
In some cases, a child may be moved to another state, which can make the enforcement of a court order a bit more challenging. If a parent removes a child from Illinois, the Uniform Child Custody Jurisdiction and Enforcement Act still provides Illinois with the jurisdiction needed to enforce the agreement. If the child has been kidnapped by the other parent, you have rights. You can call the police, file charges, and hire a Plainfield child custody attorney.
At Fay, Farrow & Associates, P.C, we provide experienced child custody attorneys who can help you. To find out what your rights are, call us at 630-984-4948 for a free consultation.
