As much as both parties in a divorce case would like to think that things
are over and done with once the divorce is finalized, that's not always the
case. This is especially true when children, restraining orders, and other
complicating factors come into play. Child custody issues are what often turn a
clean-cut divorce into a drawn-out legal procedure, which is why enforcement is
a necessary service for legal attorneys to offer.
When visitation agreements and custody rights are agreed upon in court,
they become legally binding – in other words, violations can potentially be
considered criminal offenses. That's why it's important for parents not to
violate their rights without clearing it with the court first. Even if the
other parent seems to verbally okay it at the time, you never want anything to
be used against you.
If the charges are used against one of the parents, this is known as
enforcement. The charges that can be pressed will vary in degrees of severity,
but in extreme situations, such as the parent taking the child and leaving
without notice, the offender may be charged with kidnapping or even unlawful
imprisonment. Both of these offenses mean that the offender will likely do time
in prison or, at the very least, will be under intense probation. In less
severe cases, such as not allowing a parent to see the child during his or her
designated visitation times, the parent could be fined or the visitation
agreement can be altered.
If you feel that you've been unjustly accused of breaching a custody
agreement, or if you need to press charges against your former spouse for the
same type of offense, it's important to get a lawyer like Marshall
Davis Brown Jr to help you handle it fairly. Accidents do happen,
and no one should be robbed of their custody or visitation rights altogether
without being able to defend themselves.