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Enforcement of Parental Rights
When a party does not follow a court order or a parenting plan, the court has the power to enforce the orders through proceedings of contempt. The court has broad powers to enforce court orders regarding child custody. In a contempt proceeding for not following court orders regarding child custody the court will look to the best interests of the child in ordering relief. The court can issue an order that may include the following relief:
- Additional terms and conditions on the prior custody order;
- Modifying the previous custody order in the best interests of the child;
- Adding a requirement for either parent or both parents to attend a parental education program at the expense of the other party;
- Requiring the parties to participate in family counseling at the expense of the non-compliant parent;
- Requiring make-up parenting time for the aggrieved parent of the same type and duration as that which was denied within six months;
- Finding the non-compliant parent in contempt of court and imposing a fine or jail sentence;
- Imposition of a civil fine not to exceed one hundred dollars per incident of denied parenting time;
- Setting a hearing for modification of custody; and/or
- Any other order that may serve the best interests of the child.
The court can also order the non-compliant parent to pay attorney’s fees, court costs, and expenses that are associated with bringing the contempt citation.
Glen B. Goldman
Emily T. Roberts
Douglas A. Thomas