If you are a parent in Ohio and you’re divorcing, you may have to fight in court for the custody of your child. During or even after your divorce, if a child custody dispute emerges, you must be advised and represented by a Columbus child custody attorney.
Divorce is always hard on a child, but when the parents can settle their differences voluntarily, it becomes easier for everyone involved. When a parent does not adhere to a court-ordered parenting plan, that parent not only disregards the other parent’s rights but also undermines the child’s routine and potentially causes emotional distress.
The Ohio courts issue child custody orders to serve a child’s best interests. When a child’s long-term best interests are at stake, a parent must have reliable, trustworthy legal advice and representation.
What Steps Can Aggrieved Parents Take?
If a parent is the victim of a child custody violation, the first step is to document each example of noncompliance. Documents should include a record of dates, times, and actions such as missed exchanges, late drop-offs or pick-ups, or the complete denial of court-ordered visits.
Save any pertinent communications, such as text messages, emails, or phone records, that show the other parent’s failure to follow the custody order. Attempt to resolve the issue amicably. A simple conversation may clear up a misunderstanding or miscommunication.
Mediation is another less expensive and less confrontational option. An objective third party can help parents reach a compromise that addresses the child’s needs. If these efforts cannot resolve the custody dispute, legal action will be needed to enforce the custody order.
What Are the Consequences of Violating a Child Custody Order?
The primary legal method for addressing a custody violation in Ohio is to file a motion for contempt of court with the assistance of a Columbus child custody lawyer. To be found in contempt, the offending parent must have known the order existed and willfully violated it.
Ohio judges have these options for a parent found in contempt:
- Fines: Ohio law allows the court to impose a fine of $250 for a first contempt offense, $500 for the next offense, and $1,000 for third and subsequent offenses. The court may also order the parent to pay the other parent’s lawyer fees.
- Jail time: In severe or repeated cases of noncompliance, an Ohio judge can order jail time for a parent. A severe custody order violation can trigger a sentence of up to 30 days in jail, a second offense up to 60 days, and a third or subsequent offense up to 90 days.
- Modifying the child custody order: The court can change the parenting plan. For example, the court may award “make-up” time to compensate the aggrieved parent for missed visits.
- “Interference with custody” is a criminal offense. Severe child custody violations can lead to criminal charges. Ohio law makes it a crime to “entice, take, keep, or harbor” a child from a parent, guardian, or custodian without the right to do so.
If the child is removed from the state or suffers physical harm as a result of a custody violation, the parent may face a felony “interference with custody” charge.
What Role Does a Family Law Attorney Have?
Child custody disputes and violations of custody orders can be emotionally and legally complicated. An experienced Columbus child custody attorney can help in the following ways:
- Understanding the law: A custody attorney can help a parent understand the details of a child custody order and the rights it provides. Parents may not be aware of all their legal options without legal guidance.
- Documentation and evidence gathering: A Columbus child custody lawyer can explain how to document violations and gather evidence. A lawyer can also help a parent ensure paperwork is filed correctly and on time.
- Resolving disputes: Everyone prefers to resolve disputes outside of the courtroom. A lawyer can function as a mediator and help parents find common ground. If the parties can resolve the dispute privately, a lawyer can draft and file a new custody agreement.
- Representation in court: If a child custody case goes to court, a lawyer can present evidence, question witnesses, and make legal arguments. An attorney can tell a parent’s side of the story and protect that parent’s rights.
- Custody order modifications: Custody orders can be changed as circumstances evolve. An attorney can help a parent file a motion to modify a custody order, whether the change results from the other parent’s noncompliance or another significant life change.
A child custody lawyer’s primary role is guiding a parent through the legal system while prioritizing the child’s best interests. By providing experienced counsel, an attorney helps ensure that the outcome of a custody dispute is a safe and healthy environment for the child.
At Lawrence Law Office, Your Family is Our Priority
Child custody disputes are never easy. Parents must consider transportation, schedules, locations, holidays, vacations, and, in some custody cases, the child’s preference.
When you become our client at the Lawrence Law Office, you will work with a lawyer who makes your family a priority. If you are the victim of a custody violation or you’re accused of a custody violation, schedule a strategy session with the Lawrence Law Office legal team.
Custody Dispute? Call Us Now to Schedule a Consultation
With over 63 years of combined experience, attorneys Rodd S. Lawrence and Linda J. Lawrence will advocate effectively for you and your child, prepare the necessary legal paperwork, and help you overcome the unanticipated obstacles that may emerge during a custody proceeding.
We handle divorces, child custody and child support cases, alimony disputes, and more. We know how to resolve the most challenging family law disputes.
You may contact our law offices in Columbus from anywhere in Ohio by calling 614-362-9396 to schedule your first legal consultation. The family law team at the Lawrence Law Office will work tirelessly to bring your child custody case to its best possible resolution.
