Skip to Content
Call Us Today! 561-677-8090
Top
Child Custody Enforcement Serving Palm Beach County for Over 30 Years

Child Custody Enforcement

Florida Child Custody Enforcement Attorney serving West Palm Beach Area

Child custody remains one of the most contentious aspects of a divorce. That is simply because parents often use their children as pawns in their conflict with each other. But, even after a family court judge awards custody to a parent, the problems may not be over. This happens when, in some instances, one parent does not comply with the custody order. That then necessitates legal action known as custody enforcement.
Judges have several options when deciding on the type of enforcement they can order. However, in all cases, it is best for any parent seeking this legal action to hire an experienced family law attorney who is well-versed in all aspects of child custody laws and regulations. Violations of child custody orders can result in fines, criminal charges, jail, or even the offending parent losing custody rights or visitation privileges.

Situations That Could Lead to Enforcement Orders

Although every child custody case has its own set of agreements, there are common situations that could lead to a family court having to step in to issue a custody enforcement order, including:

  • One Parent Won’t Allow Visitation. A parent who has physical custody of the child refuses to comply with the other parent’s time-sharing/visitation rights.
  • One Parent Won’t Stick To Visitation Schedule. In some instances, one parent may allow the other parent to visit, but only when it is convenient. This is often a violation of the time-sharing/visitation agreement.
  • One Parent Doesn’t Return Child Per Visitation Schedule. A parent with visitation rights fails to comply with the agreement. This may include not returning the child to the other parent as scheduled.
  • One Parent Takes Child Out of State.  The parent with time-sharing takes a child out of state for a vacation or some type of event without consulting the other parent. This is different from a permanent out of state move, which the state’s child relocation laws cover.
  • One Parent Takes Child Out of State. In most instances, when a parent takes a child out of state, without notifying the other parent or without court approval, it is for the purposes of violating the custody agreement. When this occurs, each state is bound under the Uniform Custody Jurisdiction and Enforcement Act (UCCJEA). This gives courts the authority to issue an emergency order demanding the child’s immediate return.

Steps to File A Motion For Custody Enforcement

If a parent believes that another parent has violated the child custody/time-sharing agreement, they can typically take one of two actions:

  • File a Motion of Enforcement. This is a motion filed with family court that asks the other parent to comply with the existing custody agreement. If the parent fails to comply, the court has several options. This may include modifying the custody arrangement. That, in turn, could mean that one parent loses custody/time-sharing of the child.
  • File a Motion for Contempt of Court. This motion asks the court to hold the other parent in contempt of court. This is a charge against someone who is refusing to comply with a judge’s order. Once that motion is filed, the court will order a show-cause hearing. At that hearing, the other parent can respond to the allegations, rectify the situation, or face consequences for not doing so.

What Our Clients Have to Say

    "You can too trust him!"
    I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.
    - Former Client
    "A true gentleman and professional!"
    As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!
    - Former Client
    "He genuinely cares!"
    Mr. Cheshire is one of the good guys. He genuinely cares about his clients and what is important to them.
    - Former Client
    "I am so thankful to have found someone who was so knowledgeable and considerate."
    As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.
    - Former Client
    "Will hire him again if I ever need an attorney for my legal needs"
    I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.
    - Former Client
    "Great Service!"
    Great Service! He was kind, understanding and easy to work with.
    - Former Client
    "Eric fought for our family to be together."
    Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.
    - Former Client
    "Very grateful!"
    Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).
    - Former Client

Consequences of Violating Child Custody Arrangement

Each state has its own set of guidelines when a parent violates a child custody agreement. However, there are some common consequences of this action, including:

  • Modification of Custody and/or Time-sharing Arrangement. As mentioned earlier, a judge can order a modification of custody if the violation is serious enough to merit this action.
  • Modification of Parenting Plan. A judge can also order that parents modify the parenting plan, granting more or less visitations, and giving one parent more authority to make major decisions for the child.
  • Criminal Charges. A parent who flees out of state with a child can face criminal charges.

An Experienced Advocate in Family Law

If you are involved in a breach of child custody, please contact the family law firm of Eric C. Cheshire, P.A. at (561) 677-8090 for a personal legal consultation with Attorney Cheshire. We have the experience and the resources to help you through custody and time-sharing issues. We can help you whether you are the parent seeking enforcement or the parent accused of violating the custody/time-sharing order.

Get Started Today

Family law issues such as divorce, child custody, and alimony are complex and difficult to navigate without the help of an experienced family law attorney. Contact us today for a personal consultation with attorney Eric C. Cheshire.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • Award-Winning Practice
  • Strong and Effective Representation
  • Tailored Approach to Each Case
  • Over 30 Years of Experience