Is your ex violating your Child full legal custody or parental visitation order? If yes, are you now wondering what happens when a parental visitation order is violated?
In New Mexico, court ordered child full legal custody and parental visitation plans are commonly called Parenting Plans. Parenting Plans are not suggestions – they are court orders. Accordingly, judges do not take violations lightly.
At times, parents choose to violate a parental visitation order. A child full legal custody and parental visitation order is aggressively violated when:
- Communication is denied;
- The regular parental visitation schedule is not followed;
- Holiday parental visitation is refused; or
- The child’s school, religion, extra-curricular, or medical providers are changed without approval.
A child’s legal custody order can also be violated passive-aggressively. A passive-aggressive violation happens when:
- One parent exclusively schedules medical appointments;
- The parent changes the extra-curricular schedule or times; or
- Vacations or activities are scheduled during a parent’s visitation schedule.
Whether aggressive or passive-aggressive, the actions may violate an enforceable court order. Are your communication or visitation rights being violated? If so, it is important to speak with the top child full custody attorney in Albuquerque.
WHAT CAN I DO WHEN A PARENTAL VISITATION ORDER IS BEING VIOLATED?
Do you have a valid and enforceable child full legal custody or parental visitation order? If so, is your ex actively violating this order? In this situation you should immediately alert the court about the violation. By filing the appropriate motion, you can request a hearing to address your ex’s violation.
Ways to prove communication or parental visitation abuse include:
- There is a valid and enforceable court order;
- Your ex is violating the communication or parental visitation covered by the order; and
- The violation was intentional.
Is your ex interfering with your court ordered parental visitation? If yes, you should keep a detailed journal of the events. Consider purchasing a calendar and documenting any violations that happen. Also, you can document the violation through text or email. This evidence can be used to support your case.
New Mexico courts can handle child full custody violations in several ways. First, the court can order the violating parent to make-up the missed parental visitation time. Second, the court may order the violating parent to pay the attorney fees spent alerting the court about the violation. Finally, when the violation is frequent and ongoing, the court may modify child legal custody and timesharing. In doing so, the court could change the Parenting Plan to reflect the child’s best interests.
HAVE YOUR PARENTAL VISITATION RIGHTS BEEN VIOLATED?
Are your parental visitation rights being violated? If so, you should immediately speak with the best child custody attorney. Depending on the violation, time may be of the essence. In some cases, parents are best served by immediately notifying the court of visitation violations. At times, the longer that a parent takes to notify the court of a serious violation – the less seriously the court will take the violation.
It is important to immediately inform the court when visitation is being denied. In some circumstances, the longer that you wait, the less serious your judge will take the violation.
PARENTING PLAN VIOLATIONS ARE SERIOUS
Parenting Plans are court orders that both parents should take seriously. Ultimately, the child loses when a parental visitation order is violated. New Mexico law centers on the belief that children are best served when raised by both parents.
Take control over the violation by notifying the court. In doing so, you can stop the parental visitation abuse from continuing.
HOW CAN I CHANGE MY COURT ORDERED PARENTAL VISITATION OR CHILD FULL LEGAL CUSTODY ORDER?
Has something major happened with your case? Is you ex currently having issues that pose a danger to your child? Is your ex currently experiencing mental health, drug, domestic violence, or other issues? If so, is your visitation order no longer appropriate?
In this situation, you need to immediately file a motion to modify custody or timesharing. Parents do not have the power to single-handedly change parental visitation orders. Instead, parents must seek court approval to change the parental visitation schedule. Failing to take the appropriate actions could negatively impact your case.
Do you believe that your custody order should be modified? If so, you should immediately contact the best child custody lawyer in New Mexico.
BEST CHILD CUSTODY LAWYERS OR ATTORNEYS IN ALBUQUERQUE, NEW MEXICO
Is your ex violating your Child full legal custody or parental visitation order? If so, are you looking for the best child support attorneys in New Mexico? Do not take your ex’s violation lightly, Instead, find the best lawyer or attorney for child custody to represent your family.
For more than a decade, Sanchez has handled child custody all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Talk to a seasoned and successful Albuquerque child custody lawyer/attorney. Talk to (505) SANCHEZ.
What Happens When a Visitation Order is Violated in New Mexico?
