I have nearly 50 / 50 custody, but my children have recently started wanting to spend more time with their mother — something she is definitely encouraging.
How can I enforce my custody rights?
Where I practice in Pennsylvania, it is common to find custody agreements that are incorporated into a final divorce decree.
When the divorce decree is entered, that custody agreement becomes an order as well as the controlling document regarding physical and legal custody of the child. These orders typically control the visitation schedule the children have with each parent.
If one parent is not following the visitation schedule in the order or is enabling the children to not follow the schedule, that parent may be in violation of the order.
Sometimes, a discussion with the parent who is not following the schedule will help; simply pointing to the applicable terms in the order will often convince the violating parent to change her ways.
However, if a parent continues to not comply with an existing custody order, upon the filing of the proper petition, the court may eventually find that parent in contempt of court.
Penalties for non-compliance with a custody order can include a fine, makeup parenting time ordered or even imprisonment.
I would strongly suggest you contact an attorney who handles family law matters in your jurisdiction, such as Cordell & Cordell, to see how your state’s laws can help you with this serious situation.
Best of luck to you.
Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.