How to Prove Contempt of Child Custody Court Orders

If you have a child custody order in place, and the other parent is not following it, you can file for contempt of court. This is a legal process that can enforce the terms of the custody agreement.

To prove contempt of court, you will need to show that the other parent has violated the terms of the custody agreement. The expert Pleasanton Child Custody Attorney at Tierney Law Group can be an incredible resource if you or someone you know is dealing with a matter related to contempt of child custody court order.

What is contempt of child custody court orders?

Contempt of court is defined as willful disobedience of a court order. To be held in contempt, the other parent must know the court order and they must be able to comply with it. There are two types of contempt: civil and criminal.

Civil contempt is when the person who is found to be in contempt is fined or jailed. Criminal contempt is when the person who is found to be in contempt is fined and/or jailed and given a criminal record.

The burden of proof for contempt is high. The court must find that the other parent has willfully violated the custody order. The court will also consider whether the violation was a one-time event or if it was a pattern of behavior.

Examples of what that looks like

Some examples of contempt of a child custody court order can include:

• Failing to show up for scheduled visitation

• Refusing to allow the other parent to see the child during their scheduled time

• Taking the child out of state without the other parent’s permission

• Failing to pay child support

• Refusing to return the child at the end of visitation

• Violating any other terms of the custody agreement

If you believe that the other parent has violated the terms of your custody agreement, you can file for contempt of court with a Pleasanton Child Custody Lawyer by your side. This is a legal process that can enforce the terms of the custody agreement.

How do you prove contempt?

To prove contempt of court, you will need to show that the other parent has violated the terms of the custody agreement.

How that affects child custody

A finding of contempt of court can have serious consequences. The penalties for contempt can include:

• A fine

• Jail time

• Loss of custody rights

• A change in the custody agreement

Before you file for contempt of court, you should talk to a child custody attorney in Pleasanton. A child custody attorney in Pleasanton CA can help you understand the legal process and what to expect. They can also help you gather the evidence you need to prove contempt.

What are your rights if your ex-spouse violates child custody?

If you believe your ex-spouse has violated the terms of your child custody agreement, you have the right to file for contempt of court. Make sure to talk to a lawyer before filing to see if you have a case and good footing to stand on. As mentioned above, the burden of proof is high, and you must be able to prove negligence, so make sure you have solid and sufficient proof before filing.

How your attorney can help

If you believe that your ex-spouse has violated the terms of your child custody agreement, you should talk to a child custody lawyer in Pleasanton. A child custody lawyer in Pleasanton CA can help you understand the legal process and what to expect. They can also help you gather the evidence you need to prove contempt. So, call the Tierney Law Group today for a consultation.