Custody agreements in North Carolina are legally binding documents that outline each parent’s rights and responsibilities regarding their child. But what happens if your ex partner violates the agreement?
It can feel frustrating, confusing, or even helpless, but it’s important to remember that you are not alone. At Martine Law, our team can guide you to the step by step legal process to follow and restore the peace you deserve.
Fight for your justice today and call for a free consultation.
Understanding Custody Agreements in North Carolina
A custody agreement, also called a parenting plan, defines:
- Physical custody: Where the child lives and how parenting time is shared
- Legal custody: Decision-making authority over education, healthcare, and other important matters
- Visitation schedules: Specific times and conditions for parenting time
These agreements can be established by court order or through mutual agreement approved by the court. Once in place, both parents are legally required to follow the terms.
What Constitutes a Violation?
Your ex may violate a custody agreement in several ways, including:
- Failing to follow the established visitation schedule
- Denying or restricting your parenting time without a valid reason
- Interfering with decision-making regarding your child’s education, medical care, or extracurricular activities
- Moving the child without proper notice or consent
Legal Consequences of Violating a Custody Agreement
North Carolina courts take custody violations seriously. If your ex violates the agreement, the court may impose consequences such as:
- Contempt of court: The violating parent may be held in contempt, which can result in fines or even jail time
- Modification of custody: The court may adjust custody or visitation schedules to better serve the child’s best interests
- Make-up parenting time: The court can order that missed parenting time be rescheduled
- Supervised visitation: In serious cases, the court may require supervised visitation to ensure the child’s safety
Steps You Should Take
Are you or your child affected by a custody violation? You are not alone, and action is critical. Steps to take include:
- Document the Violation
- Keep detailed records of missed visits, denied access, or interference.
- Save texts, emails, and other communications that demonstrate the violation.
- Communicate (Carefully)
- Attempt to resolve minor issues through calm, respectful communication.
- Avoid confrontation that could escalate the situation or be used against you in court.
- Contact a Family Law Attorney
- An experienced North Carolina family law lawyer can help you file a motion with the court to enforce the custody agreement.
- They can represent your interests in hearings and negotiate solutions that protect your parental rights.
Why a Strong Legal Representation Matters
We know that custody disputes are emotionally charged and can be complicated, and you need to protect your peace and wellness to be there for your child.
Let our attorneys help you navigate these challenges by:
- Advocating for enforcement of the custody agreement
- Ensuring the court understands the impact of the violations on the child
- Working to secure fair and safe parenting time for you
- Providing guidance to protect your rights and your child’s well-being
Key Takeaways
- Violating a custody agreement in North Carolina can lead to contempt charges, fines, or changes in custody.
- Documenting violations and seeking legal advice is critical to protect your rights.
- Courts prioritize the best interests of the child when addressing violations.
- You are not alone; our team of expert attorneys at Martine Law can guide you through enforcement and protect your parental rights.
If your ex is violating your custody agreement, let our team of expert North Carolina family law attorneys help you enforce the agreement, safeguard your child’s well-being, and achieve the best possible outcome. Call today.