According to the Utah courts, custody is defined as “…the legal status awarded by a court for the care, control and maintenance of that child.” Child custody can be one of the most challenging aspects of any divorce and is often the source of the most conflict in a divorce case. Divorcing parents must agree on custody and visitation, or the case will go to court and a judge will rule on the matter. Once a custody order is made, it is legally enforceable against either parent; as such, it is imperative that you understand exactly what your rights and responsibilities are in your custody case.
Our attorneys can help you understand your options if your ex-spouse has violated a custody order or if you have been accused of a violation. Attorneys at Pearson Butler offer confidential consultations where we review your case and provide quality legal counsel about your rights, responsibilities, liabilities, and options in the instance of a violation. Whether you are seeking counsel on your obligations under a court order or looking for representation to enforce a court order that is currently being violated by your ex, our experience can be instrumental in you getting the most out of your court order. We can help you understand what to do, what not to do, what to expect, and how we can help enforce your custody order.
Enforcing Child Custody and Parent Time (Visitation) Orders in Utah
Violations of a custody or parent-time (visitation) order can result in significant consequences. Custodial parents cannot simply withhold visitation, even if the noncustodial parent is behind on child support. A noncustodial parent cannot withhold support if he or she is denied visitation or custody. Parties must follow the proper channels to deal with violations of court orders and our attorneys at Pearson Butler can help you navigate this process. The first step in enforcement is to file a Motion for Order to Show Cause. This process requires a party to prove specific elements but can lead to very serious results, such as fines, penalties, and even jail time.
Pearson Butler attorneys understand exactly how to navigate enforcement proceedings, whether you are the party bringing the enforcement action or the one accused of a violation. We can protect your interests on either side – whether you have been accused of or need to enforce a violation. We can file the motion and ensure all paperwork and proceedings are handled appropriately so that your rights and interests are protected.
Find out more about your rights, responsibilities, and options to enforce a custody order by calling (800) 265-2314.