Modification
Court Orders for child custody and child support are not entirely set in stone. A change in circumstances could mean the Court Orders should also be changed. There could be a change in the amount of child support, the particulars of visitation or even a complete change of custody. There must be a substantial change in the circumstance in order to bring a an action for modification. Some substantial changes could include one parent moving across the State, a parent being involved in illegal activity or drug use, or abuse/neglect of a child.
I am often asked when can a child choose where they want to live. The answer is the child never gets to decide where they live. Currently, when a child is at least 12 years old they may sign and file an Election which informs the Court of the child’s wishes. The Court must consider the Child’s Election, but the Court is not bound to follow the Child’s election. Also, upon request, a Judge may interview a child under the age of 12 in the Judge’s chambers, and must interview a child over the age of 12.
Enforcement
When one parent is in violation of part of the Court’s order the proper thing to do is to being an action for enforcement. DO NOT start violating the order thinking its okay because the other parent is not complying either. You need to have “clean hands” when asking the Court to enforce an order.
If one parent refuses to allow you the Court ordered visitation, DO NOT cut off child support payments, or any other of your obligations. Child Support is an independent obligation of the paying party. In other words, the party required to pay child support must pay without regard as to whether or not that party is visiting his/her child. Also, a parent’s decision to no longer visit the children DOES NOT end his/her obligation to pay child support. If a parent is violating a court order there is something you can do about it.
If a party is found to be in violation of a court order and is found to be in contempt, that person could be sent to jail, fined, or both, and could also be ordered to reimburse the attorney fees you paid. Repeated violations could also result in bringing an action to Modify custody.
