Violation of a Child Custody Order
How many violations of visitation do i have to file before the court will do something about my ex keeping my daughter from me. I am supposed to get my daughter every other weekend 4pm friday until 7pm sunday. My ex picks when and if she wants to send my daughter.If we have a conversation about my daughter that doesn’t go her way she threatens me with harassment. I have violated her 2-3 times since last year. When will she be made to follow the court order?
I suggest that you consult with and retain local counsel. While every case is different, having an attorney to strongly advocate for you may increase your odds of success if you have represented yourself in the past. There is not a specific number of Violations that you need to file to get the court to change custody. The court can modify custody upon a single “willful violation” being found (this is not simply your filing a petition, but either an acknowledgement of the parties (“consent”) or decision after trial), if the violation is extreme, or if there is a history of the court finding willful violations.
If a parent is not following an Order, you should file a Petition. In Violation proceedings, if you want the court to “do something” it is importation to see each Petition to fruition—through resolution or a decision after trial. It is not enough simply to file your Petition; you need to prove your case too.
If you already have a history of the court finding willful violations, perhaps you should consider filing two new Petition, a new violation, as well as a Petition to Modify Custody, with the Custody Petition citing the history of violation of the existing Order as one of the bases for Modification.
Again, however, I strongly suggest working with an experienced attorney who can help you assess your goals and present your case in the most persuasive manner.
Are you dealing with your ex keeping your child from seeing you during your scheduled time? Let our dedicated Child Custody Attorneys in Saratoga guide you.