How do I enforce my spouse to follow Child Custody and Visitation Court Orders Terms

My ex husband is not following his court orders of Custody and Visitation rights. What should I do?

Answers (1)

Hopefully you can get him to comply with the family court’s orders without further litigation. If you are still on amicable terms, you could try to talk to him to resolve the problem. If not, your and your husband’s divorce lawyers, or an experienced family law mediator,may be able to negotiate an end to his non-compliance.  There may be reasonable ways to resolve the issues are preventing him from honoring his obligations to you and your child(ren).  For example, perhaps the custody/visitation agreement could be modified to accommodate a changed work schedule, or he could be convinced to receive counseling for emotional or psychological issues arising from the divorce that could make it difficult for him to have contact with you and the child(ren).

If you cannot resolve the dispute informally, you can return to family court to seek a modification or termination of your ex-husband’s custody and visitation rights, or  obtain a contempt order directing him to comply with the existing custody/visitation order or face jail time and/or civil fines.  The laws and family court procedures governing such petitions vary among jurisdictions.  Most state bar associations and county family courts have on-line and written publications outlining their jurisdiction’s processes for enforcing child support and visitation orders.  Please note that you will need to have carefully documented your ex-husband’s violations of the court’s custody and visitation orders.  To obtain a modification or contempt order, you will need to prove to the family court that he has established a pattern of violations.

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