In California, all custody decisions are made according to a child’s best interest. This includes being able to have a loving, healthy relationship with both of their parents, whenever possible. However, these relationships can’t blossom without quality time.
That’s why when parents don’t live together, the court will often issue a visitation order. These edicts ensure that the rights of both parents are being upheld, and that each has the chance to foster a meaningful relationship with their child.
California courts don’t make these orders lightly, and failure to uphold them can trigger serious legal consequences.
If your child’s other parent isn’t cooperating with your custody arrangements, here’s what you need to know about enforcing a visitation order in California, and how the Maples team can help protect your rights and your child’s best interests.
What is a Visitation Order?
Visitation orders dictate how a child’s time will be spent, including where the child will live, and how they will spend holidays. They are a key part of upholding parental rights—in particular, a parent’s right to have access to their child.
In terms of child custody, this access is often referred to as “physical custody.”
Both parents have the right to physical custody with their child. However, if they aren’t living under the same roof, this time must be shared. To this end, California courts will assign one parent to be the custodial parent (or, primary residence parent), while granting the other ample parenting time in the form of visitation.
Visitation orders are generally just one component of child custody. Along with visitation, your child custody orders will also address legal custody, and outline child support.
How to Enforce a Visitation Order When My Ex Has Primary Custody?
It’s hard being a non-custodial parent. You don’t get enough time with your child as it is, and when your ex stops complying with visitation, this puts you in a tough spot. Because now you have to decide if the stress of enforcing visitation is worth the strain on your already limited time together.
If this situation sounds familiar, start by asking yourself these four questions:
Is my order enforceable?
Does my order need to be updated?
Have we tried making things easier?
Is contempt really worth it?
Here’s a closer look.
1. Enforceability
Visitation orders are kind of like personalized laws made just for you. These edicts are backed by the full weight of the law, and breaking them warrants the same legal consequences as breaking any other law.
That being said, the police can’t enforce a law that’s too vague.
Before jumping through legal hoops, make sure that the terms of your visitation order are clear. In some cases, headaches can be cleared up by shoring up details like specific dates and times—something you may be able to coordinate together, without the court.
2. Updates
If your visitation order is sufficiently clear, then maybe the problem is that your order is dated.
As all parents know, a child’s needs change just about as fast as they grow. Hence, a visitation arrangement that worked well for your family five years ago might not be the best fit here, in the present. Indeed, some agencies won’t even help enforce orders that are too old.
If your order is no longer a good fit, then it might be time to consider a custody modification.
3. Alternatives
You don’t need to go back to court to resolve everything. Before drafting up a motion, try talking to your ex to see if there are tweaks you can make. Sometimes a simple change in drop-off location or an alternative pick up time is all it takes to keep things running smoothly.
If it helps, there are even exchange agencies, which can help supervise the transfer of children between parents. These professionals can be really helpful at both keeping parents honest, and tracking violations. And while they do charge a fee, it’s definitely cheaper than the cost of an attorney.
4. Contempt
If all else fails, the last step you should consider is contempt of court.
Contempt is a criminal action, which can be taken against someone who intentionally and willfully violates a court order. This is a serious charge, and one that comes with a very high burden of proof, meaning they’re tough to litigate—especially for visitation violations.
In terms of custody agreements, contempt is most often used as a means to enforce child support.
If you are thinking about pursuing contempt, it’s a good idea to consult your family law attorney, first. In many cases, the potential benefits aren’t worth the effort of pursuing in terms of visitation.
Visitation Order Modification
Judges don’t want to see you back right after delivering your original visitation order. However, under the right circumstances they are willing to consider a custody order modification.
Some of these circumstances might include:
A repeated, long standing pattern of custody order violations.
The child’s education needs have changed.
The custodial parent’s home environment has changed.
The child is being subjected to harm under the current order.
One parent is no longer fit to carry out parental responsibilities.
As always, California parents are free to draft their own parenting plan—and modifications. This can be done between the individual parents, or in a more structured environment, such as mediation.
Remember, however, that the changes will not be enforceable until they are approved by a judge—even if both of you agree. Until then, be sure to follow your original order, or else you could risk being held in contempt.
Enforcing a Visitation Order in California
Failure to comply with visitation isn’t just a violation of your parental rights. It’s also an affront to your child, who is being robbed of the opportunity to foster a loving, healthy relationship with their other parent.
That’s why if you have more questions about enforcing a visitation order in California, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help ensure your child’s best interests are being met.
If you’re a parent whose custody agreement isn’t working out, you probably already know that you have to have valid reasons to modify child custody… but what are those reasons, and what can you do if one of them applies?
Reasons to Modify Child Custody: The Basics
The court won’t grant your request to modify child custody if you can’t provide a valid reason for doing it. Typically, the courts favor an existing custody agreement over making changes – unless, of course, there’s been a significant change in your (or the other parent’s) circumstances.
Either parent can file a motion to modify child custody. The catch: The person filing for the change will have to show the court why it’s in the child’s best interest.
5 Common Reasons to Modify Child Custody
There are several reasons parents give for asking to modify an existing custody agreement. Some of the most common include when one parent:
Needs to relocate because of work or personal reasons
Is exercising religious practices that are harming the child
Has put the child in a dangerous environment
Is preventing the other parent from seeing the child
Has failed or is failing to properly care for the child
Let’s take a closer look at each – and remember, these aren’t the only reasons a court can modify custody. There are dozens more, and every case is different.
When a mom or dad needs to relocate – whether it’s for work or personal reasons – the parents may need to change the entire custody agreement. For example, if the child spends every other weekend with one parent, but that parent is moving out of state, it would be unreasonable to expect the custodial parent to make travel arrangements that frequently. It would probably be pretty hard on the child, too, depending on how far away the other parent was moving.
A judge won’t change custody because of one parent’s religion unless there’s proof of harm to the child. Dress codes, dietary restrictions and other activity restrictions aren’t usually big enough reasons to modify child custody. However, if there is proof of harm to the child – such as abuse or other issues – or when one parent threatens to take the child away to practice a particular religion (it happened in New York), the court may find that a change is in order.
If one parent puts the child in a dangerous environment – such as taking the child along to buy drugs or has an unsanitary and dangerous home (like in the case of hoarding) – the other parent may be able to ask the court to modify custody. There are several places and circumstances that can create a dangerous environment for kids. If you’re not sure whether something qualifies, talk to your Stockton custody lawyer about the situation. She’ll be able to help you sort things out.
#4. Preventing the Other Parent From Seeing the Child
If there’s a custody order in place, both parents are supposed to stick to it – it’s an official court order. However, when one parent prevents the other from seeing or spending time with the child, a modification might be necessary. This is extremely serious, and it’s harmful to the child (and everyone else involved). If this is going on in your situation, talk to an attorney about what you can do to help salvage your relationship with your child. You may also want to talk to a therapist with your child.
Every parent has a responsibility to care for his or her children. When one parent fails at that responsibility, such as by failing to provide adequate food, shelter and clothing – or when the parent fails to emotionally care for the child – you may have a reason to modify child custody.
The bottom line, though, is that the parent asking for the modification has to show that there are significant changes that make the change necessary. You’ll have to provide the court with proof in order for the judge to consider your request.
Do You Need to Talk to a Lawyer About Your Reasons to Modify Child Custody?
If you need to discuss your situation with an attorney and find out what your options are as far as changing your custody agreement, we may be able to help you. Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable Stockton divorce attorney now. We can also help you with issues related to parentage and child custody, spousal support and other divorce issues.
