Friday, June 28, 2013

Boise Divorce Attorney - 208-472-2383 - Enforcing a Child Custody Visitation Schedule

Child Custody Visitation
As the 4th of July approaches, I, like numerous other Boise Divorce Attorneys, are getting frantic calls about enforcing the holiday visitation schedule.  Without fail, these individuals are worried that the other parent won't honor the visitation order and they won't get their holiday visitation.  What can be done?

There are different approaches to enforcing a child custody visitation schedule.  There are two different approaches that I want to focus on today.  The first is by involving law enforcement.  The second is involving the court.  What are the pros and cons of each?

Law Enforcement

It is always important to keep your court ordered visitation schedule with you when you are picking up and dropping off your child.  If you have agreed to meet at a particular location for regular drop off and pick up, it is also very important to have that information in hand.  Say for example, you are supposed to meet your child's other parent at the Albertson's parking lot on Fairview.  You arrive on the 4th of July at the designated time and the parent fails to show up.  If you have your visitation schedule with you and you know where the other party is, you can call the police.  Once you have shown them your order and where you were supposed to meet, the police can intervene.  Of course, this is predicated on you knowing where the other party is.

Contempt

Contempt is a process where you go before the Court.  You show the Court that the other party is in violation of the court order and you ask the Judge to punish the other party for intentionally disregarding the order.  Contempt can carry some severe penalties which the Judge may or may not impose on the other party, such as jail time or a fine. The remedy of Contempt takes time because you need to motion the Court and come before the Judge to present evidence.

Pros and Cons

Obviously, involving the police can be a faster remedy.  It, however, isn't always possible, especially if you don't know where the other party or the child is.  You also may end up with an officer who is hesitant to help you enforce your order.  The option of Contempt is slower but it may have longer lasting effects.  Judges do not like it when people disregard their orders.  If a party upsets a Judge by disobeying their order, that party will know that the Judge won't put up with further shenanigans.

Hopefully, your 4th of July and all your holiday visitations will transpire smoothly and without incident.  If, however, you find yourself in need of a Boise Divorce Attorney to help you with your custody, visitation or modification issues, please give us a call, 208-472-2383.  You will be glad you did.

1 comment:

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