Child custody involves a court order granting parents or guardians physical and legal custody of the children. When one party fails to adhere to the agreement, the other may pursue legal action to hold them accountable. A Mankato child custody enforcement lawyer can assist with this process and ensure your rights are upheld in court.
Speaking to a credible legal professional is the most efficient and effective way to protect your legal rights and interests. Contact a seasoned child custody attorney to schedule a consultation and review your options.
Family courts grant two primary types of custody: legal and physical custody.
When the family court judge grants legal custody, a parent or guardian can make important decisions regarding the child’s upbringing. This can include their education and school choices, healthcare decisions, and religious or spiritual upbringing. When the court grants sole legal custody, one parent holds exclusive authority to make these decisions. When the court grants joint custody, both parents must cooperate and agree on an arrangement.
When a judge grants physical custody, it refers to where the child resides and the day-to-day decisions about their care and upbringing. The court can award sole physical custody, which means that the child spends the majority of their time with one parent, or joint custody, where the child splits their time between both parents.
In recent years, courts have begun to use the term parenting time in place of custody. This is a schedule between the parents that dictates how much time the child spends with both parents. While the court prefers that the parents work together to agree on a schedule, it will order an arrangement if necessary. During a consultation, a child custody enforcement attorney in Mankato can go through each option to help determine what works best for your family.
Unfortunately, it is common for problems to arise when a parent or guardian does not adhere to child custody court orders. When one party fails to honor the agreement for parenting time or custody arrangements, the other may need to take steps to enforce the court order.
This may include petitioning the court with a motion to enforce. Obtaining a legally binding court order is essential for enforcing custody arrangements. Without an order in place, there is no legal basis for enforcement.
A motion to enforce is a legal document that a parent may file when a co-parent violates or refuses to comply with the terms of a custody and visitation agreement. Violations include refusing to allow the parent to receive their parenting time or ignoring the drop-off or pick-up times. When filing the motion to enforce with the court, the petition must include evidence to support the claim. The court reviews the filing and determines the appropriate steps to take.
According to Minnesota Rules of General Practice ยง 309, if the family court judge determines cause, they may issue and enforce a contempt of court against the non-compliant parent. The court can impose various penalties, including:
In Mankato, a child custody enforcement lawyer can answer questions about relevant laws and legal processes to help resolve any issues.
Child custody arrangements and court orders dictate legal and physical custody arrangements and set specific guidelines for both parents to follow. When one parent refuses or fails to comply, the other can pursue legal action to enforce the agreement. Examples include neglecting to include a parent with legal custody in essential decisions, or failing to follow parenting time terms.
A compassionate and skilled Mankato child custody enforcement lawyer can answer questions, advise you of your rights, and help you navigate the legal process while providing support and advice. Call us today to schedule a consultation to review your situation.
