As the custodial parent what can i do if the non custodial have non compliance with visitation order

· · 0 views
he is also 3000$+ behind on child support payments....also he has not picked child up in 4month

5 Attorney Answers

Best Answer
You can file a Motion for Contempt against him for his noncompliance including his failure to pay child support. You can list multiple counts for his different acts of noncompliance. You may want to consult an attorney to see what specific details need to be included in the Motion. Depending on how severe the noncompliance issues, you may want to discuss filing a Modification of Custody as well.
Domestic Relations and visitation rights and child support cases are very dependant on the law in each state and the way each county judge may approach your particular case. Perhaps no other area of law is so peculiarly local as this is. Because of that, you really should talk to a local attorney to find out what your rights are, what the law says, what the local judge's approach may be, and what you can and can not do in your situation. This is also the one area of law where a decision made today can have very long-term consequences so it is important that you have your side heard and considered. You need to talk to a local Domestic Relations attorney who deals with your kind of case on a regular basis in your local court. You can search the Avvo website list of attorneys or call your local attorney's Bar Association and ask for a referral to a Domestic Relations attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to take action in court or your rights expire, so don't waste your time getting to a Domestic Relations attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. Thanks for your question and good luck. Ron Burdge, www.BurdgeLaw.com
Anytime that a person fails to abide by the terms of a domestic order, the other party's most appropriate response is to file an action for contempt of court. This is the same for a person's failure to pay child support or to comply with visitation.
That being said, it is not always beneficial to complain of a person's noncompliance with an order. In terms of child custody, it is a bit unusual for a custodial parent to complain about the non-custodial parent's failure to exercise visitation unless there is some other damage that has resulted from the failure. This is because of the question of what to do about the contempt. There is not much that a court can do to force someone to visit with their child. SO if that is your goal, a contempt action is a waste of time and money. However, failure to exercise visitation may be good grounds for modifying custody to decrease visitation time. (Worth pursuing if that is your goal).
As has been stated, you can pursue a contempt complaint that combines all failure into one petition. It would be in your best interest to retain an attorney at represent you in your filing. You can request that your attorney's fees be reimbursed by the non-custodial parent.
Good luck.
~ Kem Eyo
I agree with the different pieces of advice my colleagues have given, but I would also add certin things, based on information that you have not included (as noted, these situations are incredibly fact-specific, and there are really no one-size-fits-all answers due to the specifics of the case, which need to be specific for the parties AND for the child, whose best interests outweigh the other considerations). If you were divorced from him, and have not brought a child custody modification action before, this one would not count against that 2-year limit on custody modification actions (since it would be the FIRST modification). Take advantage of that to set a guideline for the behavior of the parties, that ensures that he only gets visitation if he provides support, as he ought to. Additionally, if this is the first time you have brought an action to modify custody, then your quest for contempt fees - and to get him on a baseline of appropriate parent behavior - is actually a pretty good one. People tend to be permitted a reasonable length of rope before they hang themselves, and the law doesn't like to strip away parental rights without alot of effort to keep them intact, but parental rights DO matter, and not taking them seriously can really count against a person (see the United States Supreme Court decision in Troxel v. Granville for a really good discussion on the importance of parental rights).
Contempt is a possibility here. So is garnishment. A criminal abandonment case is also a possibility. In some cases you may do these in combination. In some cases the state may assist with the support collection.
This is a case where sitting down with a lawyer for an hour to determine strategy is money well spent. You need to balance possible results with the costs. Feel free to call me 404-768-3509 with questions.

Sign in to answer this question.

Sign In or Sign Up as an Attorney