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Navigating Child Custody Order Disputes

Enforcing a Child Custody Order

Navigating Child Custody Order Disputes

January 22, 2024

By Johnson/Turner Legal

Navigating Child Custody Order Disputes

January 22, 2024

By Johnson/Turner Legal

Navigating Child Custody Order Disputes: Understanding Your Options

Resolving Custody Conflicts Amicably

When co-parents face disagreements over child custody orders, the best scenario involves resolving these conflicts through civil discussion. However, not all situations unfold this way. At times, one or both parents might not adhere to the custody order’s stipulations. This breach necessitates understanding the available avenues to enforce the order’s provisions.

Contempt of Court: A Legal Recourse for Non-Compliance

In cases where dialogue fails, one parent may need to take legal action. This involves filing a motion for contempt against the non-compliant parent. Demonstrating intentional disobedience is crucial here. A judge, upon finding contempt, has several enforcement options. These include imposing fines, awarding attorney’s fees, reimbursing costs for enforcement, or other remedies serving the child’s best interests.

Seeking Compensatory Parenting Time

Another approach for the non-offending parent is to request compensatory parenting time. This step becomes relevant when the other parent unlawfully retains the child beyond scheduled time. Repeated and extreme violations can lead the court to consider altering custody arrangements or significantly reducing the offending parent’s time with the child.

Criminal Charges in Severe Cases

In the most severe scenarios, custody order enforcement may involve criminal charges. Under Minnesota Statute §609.26, intentional interference with child custody can result in felony charges. Qualifying behaviors include concealing a child, violating custody orders to deprive parenting time, or retaining a child in Minnesota unlawfully from another state.

Expert Legal Assistance for Custody Order Enforcement

If you’re grappling with custody order enforcement, it’s essential to have a knowledgeable legal team by your side. Our expertise in family law can guide you through your rights and responsibilities regarding custody orders. Don’t hesitate to reach out for support. Contact us at (320) 299-4249 to discuss your situation and explore your options.

 


TL;DR (Too Long; Didn’t Read) Summary: 
      • Resolving Conflicts Amicably:
        • Ideally, custody conflicts are settled through civil discussions between co-parents.
      • Contempt of Court for Non-Compliance:
        • Legal action may be necessary for non-adherence to custody orders, with possible outcomes including fines or attorney’s fees.
      • Compensatory Parenting Time:
        • In cases of unlawful retention of a child, the aggrieved parent can request additional time to compensate for the loss.
      • Criminal Charges in Extreme Cases:
        • Severe violations, like concealing a child or interfering with custody rights, may lead to felony charges.
      • Seek Expert Legal Assistance:
        • Addressing custody order enforcement requires support from experienced family law professionals.

For anyone facing issues with custody order compliance, understanding these options and seeking legal advice is crucial for protecting your rights and your child’s well-being.

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