Enforcing Child Custody Orders

When a loving parent is being denied the right to see his or her child, it can be a frustrating situation. However, the situation does not have to seem hopeless. When a judge issues a custody order, it has to be followed. If a parent fails to follow the custody order, there are repercussions.

If the mother or father of your child has violated their custody arrangement, contact a qualified family attorney immediately to determine your legal options. There are many avenues that can be used to ensure the enforcement is followed to the letter.

Chester County Child Custody Order Enforcement Lawyer

If the mother or father of your child has violated the custody order in Chester County, Delaware County, Lancaster County, or Montgomery County, Ciccarelli Law Offices can help. Our experience extends to complex cases involving child custody in Pennsylvania’s family courtrooms.

Let our knowledge be at your side during this difficult time as we work for a favorable arrangement for your family. As a parent, you deserve to be in your child’s life. Contact Ciccarelli Law Offices today at (610) 692-8700 to set up a free consultation, one on one with a dedicated West Chester family law attorney from our firm.

Information on the Pennsylvania Child Custody Enforcement Process

• Differences Between Legal and Physical Custody in Pennsylvania
• Consequences for Violating Custody Orders
• Penalties used to Enforce Custody Orders in Pennsylvania

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Differences Between Legal and Physical Custody in Pennsylvania

The two types of legal custody in this state are “sole” and “shared”. When a parent has sole custody of a child, he or she has the right to make all major decisions for the child, without involving the other parent in the decision-making process.

When two parents have shared custody, they must always involve the other parent, when making a major decision concerning the child.

Physical custody refers to the right to have the child in your care. The four types of physical custody are:

• Primary physical: Gives a parent the ability to live with and have possession of the child for the majority of the time.
• Shared physical: Each parent has the ability to have frequent contact with the child.
• Partial physical: A parent is allowed unsupervised visitation, usually one day a week or every other weekend.
• Supervised visitation: Used when a parent has a history of sexually abusing the child. Allows visitation if supervised by an approved relative, friend, or a local agency.

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Consequences for Violating Custody Orders

If parents of a child have been given an order by the courts, and either parent fails to comply with the order, a hearing may be requested to determine if a court order has been violated. If the judge determines that a parent violated the custody order, he or she could be held in contempt of the court as a way to help enforce the order.

Parents often violate these orders by failing to comply with or respect visitation rights, keeping the child too long, refusing to let the other parent see the child, or by taking the child without notifying the other parent.

Penalties for being in contempt of court can include time behind bars, paying the other parent court costs or attorney fees, having to make up time awarded to the other parent, or even a transfer of custody for repeated violations of the custody order.

These orders are usually transferable across states and jurisdictions. Therefore, it is important to note that even if the parent is given permission to relocate with the child, the parent still has to abide by the custody order, and allow the non-custodial parent visitation, among other things granted to him or her by their custodial rights.

Attorneys Helping Loving Parents Enforce Child Custody Agreements

The legal team at Ciccarelli Law Offices is highly knowledgeable Pennsylvania family law cases, and further has extensive courtroom experience, which can be an asset in some custody enforcement situations. They proudly represent clients in West Chester, Downingtown, Exton, Coatesville, Kennett Square, Lancaster, Malvern, and nearby communities, who are seeking to have a custody order enforced.

Call (610) 692-8700 or send an online message for a free consultation so we can act as soon as possible. We are based in West Chester PA and serve clients throughout Chester County, Lancaster County and suburban Philadelphia including West Chester, Kennett Square, Oxford, Avondale, Landenberg, West Grove, Paoli, Malvern, Downingtown, Coatesville, Exton, Parkesburg, Berwyn and Devon.  We have convenient meeting locations in Lancaster, Philadelphia, Plymouth Meeting, Kennett Square, Malvern, Springfield, King of Prussia, and Radnor. Our family lawyers serve those with immediate legal needs in Chester County, Montgomery County, Delaware County and Lancaster County.