Enforcement of Custody & Support Compassionate in Our Approach, Decisive in Our Strategy

Post-Judgment Enforcement Attorneys in Carlsbad

Enforcement of Child Custody and Visitation Orders

Court orders regarding custody and visitation of children are created in the best interests of the children and have the force of law. They regulate the custody and visitation plan deemed to be most advantageous to the children and do not necessarily reflect what is most convenient or desirable for the parents. As a result, many parents often find themselves in situations wherein one parent refuses to comply with the child custody orders.

What if One Parent Does Not Follow the Custody and Visitation Court Order?

Information for Custodial Parents
It is a common misconception that a non-custodial parent is required by law to exercise court-ordered visitation. In fact, court-ordered visitation is a right, not a legal requirement. As such, a custodial parent cannot force a non-custodial parent to exercise his or her parenting time. If one or both parents are unhappy with the non-custodial parent’s current level of involvement, the solution would be for the custodial parent to file a motion to modify visitation to conform to what is actually exercised by the non-custodial parent and then to potentially request an increase in child support due to the non-custodial parent’s lack of involvement.

Information for Non-Custodial Parents
When the inverse is true, and the custodial parent is frustrating or not allowing the court-ordered visits with the non-custodial parent to proceed, the custodial parent is technically violating the court order. In this type of situation, the solution may be to file a motion for the court to change custody to the non-custodial parent or to file a contempt action against the custodial parent for willful violation of court orders.

There are two sides to every situation. No matter which one you’re on, Griffith, Young & Lass is here to help. Contact our Carlsbad enforcement lawyers for a consultation: (858) 371-5569 or contact us online.

How to Enforce a Custody and Visitation Order in California

If one parent has not been following the custody and visitation order from the court, you have several options.

The first and easiest option is to contact your local police department and request that they enforce the order. If this is a new issue, contacting the police is a great place to start, as it may quickly resolve the problem.
If the police department’s attempts to enforce the order are not enough, contact a local post-judgement enforcement attorney to review your situation and discuss your options for enforcement.
If the problem persists, talk to your attorney about filing an action for “contempt” with the court. Filing a contempt order is a complicated process by which you formally request the court to enforce the order after making a finding that the other parent willfully disobeyed the court.

The process of enforcing a court-ordered custody and visitation judgement can get complicated fast. While we will do everything in our power to keep the process as smooth and peaceful as possible, we recommend that you keep a record of the following to ensure we are backed with the evidence we need should things escalate:

A hard copy of your current order. If other people, like grandparents, are involved, they should have a copy of the order as well.
A log of any/all visitation violations that have occurred to date. This can be a journal, mark-ups in your calendar, or any other type of written documentation that denotes the dates and times of each violation.
Emergency contacts, records of important information pertaining to the other parent (physical description, phone number, Social Security number, bank account information, driver’s license number, etc.), and a written description of your children (age, height, approximate weight, hair color, eye color, etc.).

This last piece of advice may seem drastic, but you must be prepared for the worst. Some child custody and visitation issues escalate to the point of kidnap. While we don’t anticipate this happening regularly, we want to be prepared if and when something should happen. At GYL, our Carlsbad enforcement lawyers are committed to providing you with the best family law services in all of San Diego County.

Facing an emergency enforcement situation? Call us at (858) 371-5569 and ask about our same-day and after-hours appointments, or fill out our online contact form here.

Meet Our Team

Honest. Fearless. Bold.

John N. Griffith, Esq., CFLS
Catie E. Young, Esq., CFLS
Amy J. Lass, Esq., CFLS
Shirin Asgari, Esq., CFLS
Eric Cowdery, Esq.
Jeffrey Wittliff, Esq.
Joshua Yee, Esq.
Shaudi Malekzadeh, Esq.

Meet our team

Our Results Speak for Themselves

Over 100 5-Star Reviews Throughout Our Social Media Platforms

I would highly recommend Griffith, Young & Lass to anyone looking for ethical, honest, hard-working and skillful lawyers.
“I would highly recommend Griffith, Young & Lass to anyone looking for ethical, honest, hard-working and skillful lawyers (I would stress these are actually rare qualities within the legal industry and ...”
- Scott G.
You cannot find a better law firm.
“I cannot say enough good things about John Griffith and this law firm. Each person i interacted with was responsive, intelligent, thoughtful and professional. Attorney Griffith worked very hard to ...”
- Michelle P.
It was the best decision I’ve made yet and hopefully, it will be yours too.
“She doesn’t back down from anyone. It was the best decision I’ve made yet and hopefully, it will be yours too.”
- Ian R.
Understanding, accessible, and I was very happy with the outcome of my case. If I could give a higher rating I would!
“Easy to work with, forthcoming about the process, set realistic expectations, and always kept cost in mind.”
- Jennifer P.
All three lawyers worked together on the issues surrounding my case, which helped greatly when I was in need of answers or support.
“The GYL team is always prompt at returning calls & emails. From personal experience, I can tell you that they will not step away from your case until it's finished.”
- Kelsey L.
I couldn’t have made it without them! I highly recommend them!
“GYL has been an extraordinary support and backing in my divorce. Being a male in the military, the process for divorce and custody is difficult. GYL was extremely helpful, and I was able to full custody of my children. That alone is such a monumental feat.”
- Frankie S.
Worth every penny! My custody case went as stress-free as it could possibly be.
“I hate seeing anyone go through custody battles but if you’re in that situation and need someone who is trustworthy and great at what they do, then I swear this is the place to get the help!”
- Emily B.
I highly recommend GYL if you are ever in need of a family law attorney.
“No matter who I corresponded with they were always knowledgeable of my case and quick to respond.”
- Kimberley F.
Highly professional and supportive in a very uncertain time in my life.
“My clearance was granted without any additional issues. I'd recommend this legal team to any Soldier needing help with their clearance.”
- K. Brooks
Always willing to listen to your concerns. I would highly recommend.
“Compassionate and kind, however, he will fight for you and your best interests. He is calm and calculated and extremely smart.”
- Ann M.
Extremely helpful, responsive, and reasonable and got the job done amidst tenuous circumstances.
“She and her team were extremely compassionate, sensitive with me while concurrently advocating strongly on my behalf.”
- Jeremy R.
I felt like she was practical and knowledgeable and most importantly, she listened.
“The professional and succinct assistance was a much-needed breath of fresh air in the maze of hurdles and complications with our family law case.”
- David R.

Why GYL?

Turn to a Team that Does It Best

We're Leaders in Our Field
From case planning to preparation, to superior courtroom presence, our clients can be sure that they will walk into the Courtroom prepared and with the best chance of success.
Client Centered & Results Oriented
Our representation is tailored to the unique circumstances of each client. We deploy the GYL strategic case trajectory dynamic to ensure the best chance at success at the most reasonable cost.
Brilliant, Hard-Working & Honest
We don't believe in wasting our client's time and money. Helping people is what drives us to excel at our craft. We first identify the goals and interests of each client, we then develop an efficient and effective case plan aimed at achieving those goals.
Responsible & Ethical Practices
We believe in a responsible and ethical practice and stick to our values regardless of the situation. We're transparent and don't just tell our clients what they want to hear, unless it's what we believe, even if it may deter them from moving forward. We stand by our team's expertise and will always be upfront and honest with our clients.

Get Started Today

Fill Out the Form Below or Call 858-371-5569 to Speak with an Experienced Attorney

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
Message
Please enter a message.