If the other parent is violating your custody or visitation rights in Virginia, you don’t have to tolerate it. Court orders are legally binding, and there are enforcement mechanisms available through the Virginia courts to protect your time with your child.
Common Custody and Visitation Violations
– One parent refuses to follow the visitation schedule
– A parent denies phone or virtual contact with the child
– The custodial parent relocates without notice
– One parent interferes with exchanges or pickups
– A parent makes unilateral decisions without legal authority
First Step: Try to Resolve the Issue Informally
Before heading to court, it’s often best to document the violation and attempt resolution through clear, respectful communication. Keep a record of text messages, emails, and any efforts you’ve made to resolve the issue.
Filing a Motion to Enforce or for Contempt
If informal efforts fail, you can file a Motion to Enforce or a Motion for Rule to Show Cause (contempt). These are filed in the court that issued the original order.
To succeed, you must show:
– A valid court order exists
– The other parent knowingly violated that order
The court may respond by:
– Ordering make-up visitation
– Awarding attorney’s fees
– Issuing fines or jail time for repeated or serious violations
Documentation Matters
Bring records of missed visits, communication logs, and any witness statements. Judges are more likely to enforce your order if you present clear and credible evidence.
When to Involve Law Enforcement
If a parent refuses to return a child or violates the order in a serious way, you may need to involve law enforcement. However, officers are often reluctant to intervene without clear legal backing.
Modifying the Order
If violations persist, you may also seek a custody modification on the grounds that the current arrangement no longer serves the child’s best interests.
Enforcing a custody order requires documentation, persistence, and often legal action. A knowledgeable Virginia family lawyer can guide you through the enforcement process to protect your rights and your child’s well-being.
If you have questions about your family law matter or want guidance tailored to your situation, contact the experienced attorneys at NOVA Legal Professionals. We serve clients across Northern Virginia with compassionate and strategic legal support. Call us today to schedule a consultation and learn how we can help protect your rights and your future.
