If you don’t follow your court order for custody or visitation in Alabama, it can lead to serious legal consequences. As such, it’s essential to comply with these orders. If either you or your child’s other parent fails to adhere to the court order, there can be both civil and criminal repercussions.
One common consequence for a visitation or custody court order violation is being found in contempt of court. Contempt of court is a serious legal issue that can result in fines, jail time, or even changes to the existing custody order. Further, the parent who followed the order may also be granted additional visitation time to compensate for lost time with their child.
Additional legal consequences for violating a custody or visitation court order in Alabama include:
- Loss of Visitation Rights: The court may temporarily or permanently reduce or eliminate the violating parent’s visitation rights
- Supervised Visitation: Visits with the child may need to be supervised by another adult or a professional supervisor for a period of time until the violating parent proves they can stick to the order
- Payment of Attorney Fees: The violating parent could be ordered to cover the other parent’s legal fees
- Community Service: The court may require the violating parent to complete community service hours
- Bond Posting: The violating parent may need to post a bond as a financial guarantee for future compliance with the custody order
- Modification of Previous Orders: The court may issue additional orders that support the child’s best interest standard, including modifying the existing order, as noted above
- Police Involvement: In severe cases, such as parental kidnapping or repeated violations, the police can enforce the order and return the child or even arrest the offender
The relevant laws regarding specific punishments for violating custody or visitation orders in Alabama are outlined in the Alabama Code Title 30, Chapter 3. That statute details the consequences for unjustifiably denying or interfering with visitation granted by a court order.
Once again, the law also allows the court to modify child custody or visitation orders when one party fails to comply with the existing order. In other words, failing to comply with an existing order is considered a material change in circumstances for purposes of modification.
What Can You Do if Your Child Custody or Visitation Order Was Violated?
When the other parent breaches a visitation or custody court order in Alabama, you have several different legal options available to you. First, you should be sure to record any and all violations of the order.
It is important to maintain a comprehensive record of each incident, including dates, times, and specifics. This documentation will be essential to substantiate your claim that your order has been violated in court.
Next, you should always try to talk to the other parent. In other words, you should attempt to resolve your custody or visitation issues through communication. Sometimes, misunderstandings can be settled by having a conversation instead of involving a court or police.
If your issues are not able to be addressed through communication, it is recommended to then seek legal counsel by consulting a family law attorney. They can help you understand your parental rights and explore your best legal course of action.
The attorney can also help you file for contempt of court, which involves formally requesting the court to enforce the existing custody or visitation order and hold the violating parent accountable.
If there are severe or ongoing violations, you may also request a modification of your current custody or visitation order to better safeguard your child’s interests. Once again, all custody and visitation violations and penalties are addressed under the Alabama Code Title 30, Chapter 3.
How Can I Avoid a Child Custody or Visitation Dispute?
Understanding how child custody decisions in Alabama are made and adhering to those orders closely is the best way to avoid disputes and resolve any conflicts that may arise concerning child custody or visitation.
As noted above, child custody and visitation is governed by the laws outlined in Alabama Code Title 30, Chapter 3. That statute serves as a guide for the court in determining and modifying child custody arrangements.
In Alabama, the document that specifies your child custody and visitation rights is known as a Parenting Plan. The parenting plan outlines physical custody, such as the child’s living arrangements, and legal custody, which includes who makes significant decisions for the child.
The parenting plan also includes the visitation schedule for the non-custodial parent. As mentioned above, violating a custody or visitation order in Alabama can lead to various legal consequences. In order to avoid this, it’s crucial to thoroughly read and understand your order. Doing so will help you remain in compliance and prevent most, if not all, potential disputes.
Other ways of avoiding disputes regarding your custody or visitation order in Alabama include:
- Maintaining open and respectful communication with the other parent in order to address any concerns or changes as they arise
- Adhering closely to the custody and visitation schedule and promptly informing the other parent if any changes are necessary
- Documenting all interactions, including visitation exchanges and communications, in order to maintain a clear record in case of disagreements
- Being flexible and accommodating reasonable requests from the other parent to foster cooperation and a strong co-parenting relationship
- In the case of disputes or disagreements that cannot be resolved through simple communication, utilizing alternative dispute resolution methods, such as mediation services, in order to resolve conflicts amicably without going to court
- Seeking advice from a local attorney in Alabama in order to better understand your legal rights and legal options if an ongoing dispute requires court intervention to resolve
By following all of the above strategies, you can create a cooperative and respectful co-parenting relationship that minimizes the risk of custody or visitation disputes in Alabama. Prioritizing open communication, adherence to schedules, documentation, flexibility, mediation, and timely seeking legal advice can all help maintain a stable and supportive environment for your child.
Should I Get a Family Law Attorney To Help With My Child Custody or Visitation Dispute?
If you’re involved in a situation where one party is violating a custody or visitation order in Alabama, it’s highly advisable to consult an experienced Alabama child custody lawyer as soon as possible. LegalMatch can help you find and set up a legal consultation with an attorney near you.
A lawyer can help you understand Alabama’s specific laws regarding child custody and visitation orders. Further, if you choose to hire an attorney, they can also guide you through any parenting plan disputes or disagreements that you are facing. They will also be able to ensure that your parental rights are protected throughout any legal proceedings that may become necessary related to your dispute.
Additionally, an attorney can also assist you in managing and resolving domestic disputes by negotiating with the other party or representing you in alternative dispute resolution methods, such as mediation.
Finally, if negotiations fail, the lawyer can also assist you in filing the necessary legal documents to resolve your custody or visitation dispute in court. For instance, they can file an enforcement, or even a modification of your current custody or visitation order. Lastly, a custody attorney can also represent you during any in-person court proceedings, as needed.
