Child custody is an important issue for many parents in California. When parents break up, their children are often the most important issue that needs to be worked out. Unfortunately, not all child custody arrangements go as planned and child custody orders may need to be enforced.
If there has been a child custody order violation, there are certain qualifications in order for it to proceed with a contempt of court violation. First, there has to be a valid court order for child custody. Next, the accused needs to have known about the court order. Usually the accused was in court when the order was created or received a copy of the order. And third, the accused needs to have willfully violated the order.
A child custody order is usually violated when a parent doesn't return a child at the scheduled time or fails to pick up the child at the scheduled time. In addition to filing a contempt of court order, a parent facing a child custody violation can also call the police or consult with an attorney regarding their options. Their attorney can send a letter notifying the other parent of the legal penalties that may result if they do not follow the child custody court order.
Family law matters, such as child custody arrangements, can be complicated. A legal professional skilled in family law understands California law and how it pertains to their client's situation. They can ensure their client's rights are being protected and that orders that are in place are honored.
Source: family.findlaw.com, "Custody problems", accessed on May 16, 2018
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