What to Do if Someone Isn’t Following a Custody Order

If someone is not following a custody order, it can be difficult to figure out what to do. Legally speaking, you have several options. All these options could be easier by hiring a family law lawyer from our firm to protect your rights. 

Depending on the facts of your case, we may be able to:

• Meet with the other parent and/ or their attorney to discuss the matter
• File a motion asking a judge to penalize the other parent for the violation
• File an emergency custody order if you feel your child is in immediate danger

Protecting Your Child After a Custody Violation

Custody cases can very quickly become complicated. It is often better for both you and your child to have professional legal representation on your side. A family attorney from our office can:

• Sit down with you
• Review the facts of your case
• Determine what course of action may get the fastest and best results

This way, you and your child can get back to your regular routine as soon as possible.

For a legal consultation with a lawyer serving North Carolina and South Carolina, call 828.286.3866

Deciding What to Do

As explained by the North Carolina Judiciary Branch, if the other parent is not following a custody order, you have several options. In some cases, a simple conversation or mediation between the parents may resolve matters. This could be relevant when such as when the violation is the result of a misunderstanding or circumstances beyond the other parent’s control. If a conversation can’t fix things, we can:

• Speak with the other side: We can reach out to the other parent and see if we can come to a quick, amicable agreement regarding the violation. This can save both you and your child from unnecessary stress.

• File appropriate motions: Different circumstances may require different court filings. We can tell you what paperwork is necessary and submit it for you.

• File an emergency order: If the custody violation puts your child at risk, we can try to convince a judge to award you immediate custody pending a hearing.

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Fighting for Your Custody Rights

If the custody violation leads to a protracted legal battle, you can depend on our team to represent you from start to finish. We can:

• Build a case: This could include preparing witnesses to testify on your behalf, collecting documentary evidence, and submitting trial exhibits to the court.

• Keep you updated: We always keep our clients in the loop about what is happening. As soon as we hear about an important development, so will you.

• Manage communications: You do not have to have direct contact with the other parent or their representatives. We can deliver messages to them from you and respond to any messages they send to you.

A child custody attorney in Rutherfordton can help represent your case. Our lawyers are knowledgeable about local laws and procedures. Allow us to use our expertise to the benefit of your child.

Representing You in Court

If possible, we can try to settle matters out of court. This may be faster, cheaper, and less stressful for you and your child. However, if it does become necessary to go to court, we can:

• Advocate for you: We can argue on behalf of you and your child in the courtroom. This includes delivering arguments, raising objections as necessary, and questioning witnesses.

• File and submit paperwork: A court case may require us to submit evidence, motions, and more.

• Protect your child in court: In some cases, the court may find it necessary to appoint a special guardian to advocate for your child’s rights in the courtroom. We can assume that role.

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Supporting Your Family

We understand how difficult and emotional custody cases can be. We make an extra effort to ensure our clients’ comfort by:

• Responding to all questions promptly: Feel free to call us whenever a question or concern comes to mind. Our team will always respond in a timely fashion.

• Explaining the legal process: We can meet with you and review all legal matters pertaining to your case. This way, you always understand what is happening and why.

• Helping you make decisions: If you are ever unsure of where to take your case next, speak to us. We can review the pros and cons of each option so that you understand the consequences of your ultimate decision.

• Providing a third-party perspective: It can be tough to make the best possible decision when you are so close to the matter at hand. Our team can provide an invaluable outside perspective that makes decision-making easier.

Darlene is a family law client that we have worked with in the past. She appreciated the “utmost respect, professionalism and courtesy” that our team showed her during a difficult time. If you hire us, we can show you the same compassion and dedication until the very end of your case.

Our Firm Can Help Today

The team at Farmer & Morris Law, PLLC, can help you figure out what to do if a parent is not following a custody order. To find out more, call us at (828) 286-3866. Our North Carolina offices are dedicated to helping you ensure the safety and well-being of your child.

Call or text 828.286.3866 or complete a Case Evaluation form