Enforcing a Child Custody Order Or Visitation agreement

Violations of a child custody order or a visitation deal can be serious and sometimes frightening because they might involve actions that pose a danger to the well-being of a child. If you feel that your child is involved in such a violation, you have any options both under civil and criminal law. Regardless of whether the remedy is sought under civil or criminal law, the other party is still entitled to consideration and a permissible hearing.

Civil Remedies

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Civil remedies usually involve some form of monetary reimbursement or court order decreeing that the other spouse do something or refrain from doing something. Unlike criminal remedies, civil remedies are aimed at alleviating the wrongdoings rather than punishing the offending person. Some civil remedies for violations of a child custody order are:

Contempt of court: The court may hold the violating party in contempt of court if there has been a former court order involved. Contempt of court typically involves a fine for the violating party, as well as supplementary orders and instructions, such as returning the child to the other parent. Injunctions and Restraining Orders: These are court orders which wish the other party to take sure courses of performance or to refrain from sure acts. These can contain orders to stay a sure length from a child, or orders not to contact the child. The party seeking an injunction or restraining order must usually be able to prove that other remedies (such as money damages) are insufficient to definite the situation. Monetary damages: In sure cases, one parent may be able to gather money damages if the violation has resulted in ascertainable (provable) losses to the parent or child. Modification of the child custody/support/visitation order: Sometimes the offending spouse may be in violation naturally because the child custody or visitation deal has no longer come to be practical. For example, this may be due to a turn in employment or a relocation to a separate area. In such cases modifying the deal can be a peaceable way to avoid supplementary conflicts.

Criminal Remedies

In serious cases, the court may opt to enforce criminal sanctions in attempts to enforce a child custody order. Unlike civil remedies, these are meant to punish the offending spouse as well as deter future violations of such agreements. They are typically reserved for more egregious instances such as those challenging kidnapping or repeated violations occurring over an extended period of time.

Criminal liability: If there are criminal charges involved such as kidnapping or false imprisonment, then a criminal suit may be initiated against the other party. A lawyer will be able to conclude whether criminal charges lie and whether a criminal suit will likely be successful Punitive Modifications of Custody Order: The judge may choose to modify the custody or visitation order, as in a civil remedy. However, under a criminal, punitive modification, the changes will be made in order to reflect a punitive intent to enforce the decree, such as reducing visitation time or eliminating sure ownership altogether. Posting of a bond: A bond is a sure amount of monetary payment that is issued upon the violating party in order to power them to comply with the agreement. If the person cannot afford to pay, a lien may be levied against their asset such as a house or other important possessions. Contempt of court: This is similar to civil contempt of court, except that in criminal contempt of court, the violating party cannot avoid jail time by paying a fee. usually reserved for repeated violations of custody agreements or to enforce prior instances of contempt.

Remedies for Instances not challenging a Custody Order or Visitation Agreement

In some instances, clear violations of the law may occur even before a child custody arrangement has been reached. Although it is always best to be prompt in obtaining a child custody arrangement, in the event that a violation occurs, a parent may take the following performance in the absence of an agreement:

Sue for interference: The aggrieved party can sometimes file a claim for interference if the violation has resulted in some form of loss to the parent (usually dealing with child support). This is rarely granted, but some states have statutes covering interference claims. Alternatively, the parent may sue for infliction of emotional distress if the other person has intended to cause such distress through their actions.

Criminal Charges: As discussed above, criminal charges may be pressed if the person in violation has committed some form of crime such as kidnapping. In such cases, the charges may be pressed even in the absence of a formal custody and visitation agreement.

Exercise of "Court Discretionary Powers": In child custody cases, courts have much discretion to make decisions that are in the best interest of the child. "Discretion" means that the court can practice their own powers of judgment to make a ruling or decision, even if such ruling may be contrary to collective policy or case law. For example, the court may make the decision to enforce restrictions on the violating parent or to wish supplementary mandates aside from a regular custody order.

Do I need a Lawyer to enforce the Custody and Visitation Order?

In some instances, hiring a lawyer is not the parent's most immediate concern, especially if the case involves an crisis such as a kidnapping or if the child cannot be located. In such emergencies, one should contact local police enforcement authorities in order to address the situation. However, after the situation has been remedied and the child's protection has been ensured, the person may wish to contact a lawyer to see what supplementary courses of performance they have.

Even in less greatest cases, a parent would still be wise to contact a lawyer about violations of a child custody order. When contacting the lawyer, here are some points to think in conclusion:

Determine whether a formal child custody and visitation arrangement has been formally issued for the child and the parents. If none has been issued, it is probably best to gather one diligently and without delay In the event of an actual violation of the custody order, understand the basic remedies available to you, and how they are separate agreeing to civil and criminal law settings If you cannot arrive at a convenient remedy, the court may still be able to aid you using their discretionary powers in order to issue a separate decree

Enforcing a Child Custody Order Or Visitation agreement

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Child's Testimony in Custody Cases

Child custody cases can be emotionally draining for even the most mature and level-headed adult. If custody is contested, damaging or embarrassing evidence can be made public, and the courtroom climate can become electric. The last thing you want to do is expose your child -- the focus of the case -- to such an emotionally exhausting environment, and in most cases you should take every portion inherent to protect your child from this kind of unpleasantness. However, children are occasionally called upon to testify; sometimes it is unavoidable, and it can even be to your child's benefit.

There is no established age at which a child may or may not testify in a custody case, and distinct U.S. States supervene distinct guidelines in this regard. Obviously, the older a child is, the more likely a judge will be to take the child's thought or preference into account; a child's thought may begin to carry some weight with a judge at age twelve or thirteen. If a child of this age or older has a clear preference as to either he or she wishes to live with mom or dad, some states will allow the child to sign an "affidavit of preference" and present this affidavit to the judge. The judge then will have substantial latitude in how much weight to assign to such an affidavit, relative to other evidence presented before the court.

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Most important, a child should not be pressured into signing an affidavit of preference, or expressing a preference in some other, more direct way. The child should be permitted to present an affidavit or verbal testimony only if he or she for real volunteers to do so, and even then only if all parties agree that that child's testimony will have some sure bearing on the case. A judge must considered equilibrium two factors. First, forcing a teenager to live in one home when he or she clearly prefers to live in an additional one can lead to more serious family problems, and hearing the teenager out may be to everyone's benefit. But second, a judge must be meticulous not to place a child in a position where he or she must right on select one parent over another. These two factors are contradictory, and insofar as each custody case is unique, a judge must considered weigh all the evidence and options before choosing how to proceed.

The next step up, in terms of a child presenting testimony, would be calling the child in to speak conspiratorially with a judge in chambers. Attorneys and parents are ordinarily excluded, so the child can feel free to speak for real without fear of displeasing one or the other parent; if attorneys are present, they are barred from sharing the child's comments with either parent. However, the data presented in chambers might not remain confidential; in fact, if the child's comments in chambers substantially sway a judge's eventual decision, they may become part of the record.

The most direct way to receive a child's testimony is to introduce the child as a study before the court. If the child is directly questioned by either or both sides' attorneys, the judge may require the attorneys to submit their questions beforehand for approval; questions commonly concern a child's competence, and a child's custodial preference. The judge will have final say in how much weight should be given to a child's testimony; the testimony of older and more mature children, obviously, will be given more weight.

The judge, also, will spend time determining the competence of a child. Some judges will effort to glean a child's comprehension of the thought of "truth": either the child can differentiate in the middle of a true statement and a lie. Judges may also effort to gauge a child's vocabulary level, to decree either the child is able to effectively express himself or herself. This kind of "testing of the waters" is often done through mundane small talk, which has the added benefit of setting the child at ease.

In the end, a judge recognizes that a child's testimony can be unpredictable; a child may say distinct things to each parent, to the judge conspiratorially in chambers, and to an open court. This may be a supervene of a child's wishing to please all parties, or may simply be a reflection of the child's own conflicting feelings. In any case, if you believe your child may wish to testify but you have strong reservations about it, be sure to express your doubts to the judge, either through your lawyer or directly, depending on the circumstances. A courtroom touch will likely have long-lasting emotional effects on your child, and your original accountability as a parent in these cases is to protect your child as much as inherent from emotional trauma.

Child's Testimony in Custody Cases

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A Child's Best Interests Under the New Pa Child Custody Law

Under the new Pa child custody law, sufficient January 23, 2011, the statute enumerates factors for courts to think in ordering any form of custody. The court shall determine the best interests of the child by considering all relevant factors, giving weighted notice to those factors which influence the protection of the child, along with the following:

which party is more likely to encourage and permit frequent and lasting caress in the middle of the child and other party; the present and past abuse committed by a party or member of the party's household, whether there is a prolonged risk of harm to the child or an abused party and which party can good contribute sufficient corporeal safeguards and management of the child; the parental duties performed by each party on behalf of the child; the need for stability and continuity in the child's education, house life and society life; the availability of extended family; the child's sibling relationships; the well-reasoned preference of the child, based on the child's maturity and judgment; the attempts of a parent to turn the child against the other parent, excepting cases of domestic violence where reasonable protection measures are necessary to protect the child from harm; which party is more likely to enounce a loving, stable, consistent and nurturing association with the child sufficient for the child's emotional needs; which party is more likely to attend to the daily physical, emotional, developmental, educational and extra needs of the child; the proximity of the residences of the parties; each party's availability to care for the child or ability to make suitable child-care arrangements; the level of friction in the middle of the parties and the willingness and ability of the parties to cooperate with one another. A party's exertion to protect a child from abuse by other party is not evidence of unwillingness or inability to cooperate with that party; the history of drug or alcohol abuse of a party or member of a party's household; the thinking and corporeal health of a party or member of party's household; and any other relevant factor.

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All child custody cases are unique and single concentration must be given to these factors in determining how a court will most likely view a single custody arrangement. It is all the time recommended to speak to an experienced Pennsylvania house law attorney for all child custody matters.

A Child's Best Interests Under the New Pa Child Custody Law

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Child Shared Custody schedule

Taking into consideration the absence of violence, negligence, and abuse of one parent, both parents are supposed to be entitled to equal child shared custody; with detach equal time and schedule for each parent to the child. Shared child custody is one of the most ideal types of custodianship; not only for the parents but also on the part of the child.

This type of custody is fair for both parents; and it also allows equal time with the children. In fact, most courts today favor shared parenting; inspecting that this is for the best interest of the children who also long to have time with not just one parent, but to both parents.

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Hence, if child shared custody is granted by the court, it is best that both parents should be aware of their equal responsibilities, rights, and time with the child. Consequently, it is best to have custody schedule in order to ensure that you do not miss out your allotted with the children. On top of that, you can also schedule your vacation with your kids come summer; as well as plan out your time with them while special days like Christmas, birthdays, Thanksgiving day, Father's Day, Mother's Day and so on.

For example, while the birthday of the child, half day may be granted to each parent, or a full day will be granted to one parent alternated yearly. For summer vacations, both parents have equal possession to spend summer with their kids.

The schedule is commonly dependent on the court rulings with regards to whole of time you are allowed to spend with the children. Either way, keep in mind that even if the decision of the court is shared child custody the court will still rule which of the parties, the father or mother, is the custodial parent and the other is the non-custodial parent.

Hence, the first battle starts at the court with regards to which of the parents to be rewarded the custodial parent. For this reason, it is best to know your rights; and find out beforehand if you are truly the right person to be given that chance.

Child Shared Custody schedule

Child Shared Custody - Read These Tips on Shared Custody

Shared custody may be one of the most ideal decisions that could be given by the court for both parents. However, bear in mind that this decision is commonly given based on any facts and factors. The court will always take into consideration on the welfare of the child; hence, they have to ensure that the decision is for the best interest of the child.

Shared accountability on the custody of the child cannot be given if one of the parents is incapable of taking care of the child. This could not be given if one whether one of the parents have financial problems and could not support the child financially. This is also not ideal if whether the father or the mum is complex in alcohol abuse, use of drugs, and illegal activities.

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Additionally, if whether one of the parents have psychological problems like post traumatic stress disorder or severe form of depression then this decision may not be granted for the best interest of the child. There are still many other factors that could lead to the decision of the court not to grant shared child custody for both parents; many of them are on case to case basis as each State has its own laws and regulations with regard to shared accountability on the custody of the child.

Bear in mind that this decision has its own advantages and disadvantages to the child. For example, if both parents keep on saying negative things on the other parent to the child then this could create adverse psychological effects on the child by hating both parents in the end. Hence, before aspiring for the decision by the court to grant child shared custody in your case, make sure that both parents should agree to keep the child out of the problem to preclude negative effects on the innocent one.

Child Shared Custody - Read These Tips on Shared Custody