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What to Do When Your Ex-Spouse Breaks the Terms of Your Custody Agreement
Has Your Ex Violated a Custody Order?
Your divorce proceeding is over, and you succeeded in obtaining custody of your child. You just received a court order outlining all the child custody details and arrangements. However, your ex consistently refuses to follow the details in the custody order, and you begin to feel frustrated.
When a judge finally signs a divorce decree, both you and your former spouse must adhere to this agreement from that moment forward. If either party does not comply, the court could hold them in Constructive Contempt.
This is a type of contempt that enforces the court’s order and forces the party to perform an act that they previously failed to do. Contempt imparts either criminal or civil, and courts may impose fines, imprisonment, or both in any case.
If the council of court imposes civil contempt, they will likely try to persuade your ex to abide by the agreement. In criminal contempt, they could invoke punishment for an act your ex-spouse committed that offended the court.
Once your former spouse fails to comply with a divorce agreement or custody order, you and your child custody lawyer in Miami need to ensure that you do a few things before the court imposes compliance.
In coordination with your custody lawyer in Miami, properly plead your case to the court. Focus on how your ex-spouse violated the custody order. You must then notify your former spouse about a contempt hearing. They must receive a citation, as well as a show cause order. The citation is to support a money judgment.
The next step is a hearing where you and you custody lawyer in Miami must prove the plea before the court. The court will first ask you to identify your ex as the individual concerned in the contempt plea. You will then ask the court to take notice of the order you want to be enforced.
You must additionally prove that your former spouse received notice about their involvement in the contempt case. Your legal representation can then present a proposed order at the hearing. This might include an order holding them in contempt and committing them to jail, or focusing on certain unique financial conditions. The court will then read your ex their rights and put it on record.
Child Custody Lawyer in Miami from Schweitzer-Ramras & Diaz, P.A.
While we believe that court should represent the last resort in most cases, it is, unfortunately, the only recourse that many individuals possess. Courts additionally wield options that the judge will consider as they decide on a remedy.
When you prevail in presenting your issues to the court, you likely possess an entitlement to recovery some of all your legal fees, in addition to any costs associated with going to this extend to compel your former spouse’s compliance.
You need a competent child custody lawyer in Miami to represent you in these cases. Looking at their experience handling divorce and custody issues is essential. You should additionally find an attorney you feel comfortable with.
At Schweitzer-Ramras & Diaz, P.A. we make every attempt to help our clients amicable resolve their issues. Our legal team resorts to litigation only when it is apparent that lesser provisions simply won’t cure a breach of the custody agreement.
For more information on our firm, and how a child custody lawyer in Miami from Schweitzer-Ramras & Diaz, P.A. can help your case, contact us today!