How to Enforce Custody Orders in Wisconsin

In Wisconsin, if the other parent breaks the placement or custody order, you can file to enforce that order. At the family court hearing, the judge can hold the other party in contempt for breaking the parenting plan or violating your decision-making rights.

Custody Enforcement: A Guide by a Wisconsin Attorney

In this article, we will explore the key aspects of enforcing custody orders in Wisconsin:

Common grounds for enforcement
Examples that lead to enforcement
What the court will do to enforce these orders
A timeline for enforcement

Navigating through the legal system to ensure that custody agreements are upheld is crucial for the well-being of both children and parents involved. If you want help with your custody case, contact Divergent Family Law.

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Grounds for Enforcement of Custody Orders

In Wisconsin, custody orders are legally binding agreements issued by family courts. When one party fails to comply with the terms of a custody order, it may be necessary to enforce the order through legal means. Common grounds for seeking enforcement include:

Violation of Court Orders: If one parent consistently disregards the terms outlined in the custody order, enforcement action may be necessary. Specific examples include failing to adhere to visitation schedules or denying the other parent reasonable access to the child.
Interference with Parenting Time: Interference with parenting time refers to actions taken by one parent to prevent the other parent from spending time with their child as outlined in the custody order. This can include withholding visitation rights or refusing to return the child after scheduled visitation.
Failure to Follow Parenting Plan: Parenting plans often detail specific responsibilities and obligations of each parent regarding the upbringing of the child. Failure to adhere to the terms of the parenting plan, such as failing to attend scheduled appointments or activities, can warrant enforcement action.

All of these enforcement plans are specific to your particular parenting order, so getting your order reviewed by a family law attorney is a crucial step prior to filing for enforcement of your custody order.

Examples Leading to Enforcement

Several scenarios can lead to enforcement actions in custody cases. Some common examples include:

Refusal to Follow Visitation Schedule: One parent consistently refuses to abide by the visitation schedule outlined in the custody order, resulting in the other parent being denied access to the child.
Relocation Without Consent: If one parent relocates with the child without obtaining proper consent or approval from the court or the other parent, it may constitute a violation of the custody order.
Parental Alienation: Parental alienation is when one parent attempts to undermine the relationship between the child and the other parent. This could be done by making false accusations or disparaging remarks about the other parent to the child.

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What the Court Will Do to Enforce the Order

When a custody order needs to be enforced, the court has several options available to ensure compliance:

Contempt Proceedings: If a parent willfully violates a custody order, the court may initiate contempt proceedings, which can result in fines, community service, or even jail time for the non-compliant parent.

Modification of Custody Order: In cases where one parent consistently fails to comply with the terms of the custody order, the court may consider modifying the custody order to better suit the child's best interests.

Make-Up Parenting Time: The court may order the non-compliant parent to provide make-up parenting time to compensate for missed visitation periods.

Timeline for Enforcement

The timeline for enforcing a custody order can vary depending on the specific circumstances of the case and the actions taken by the non-compliant parent.

In some instances, enforcement proceedings may be resolved relatively quickly, while in others, it may take several months to reach a resolution. It also depends on outside factors like the courts schedule.

It is essential to work with an experienced family law attorney who can guide you through the enforcement process and advocate for you and your family in the court proceedings.

Enforcement in Conclusion

Enforcing custody orders in Wisconsin requires a thorough understanding of state laws and legal procedures. By working with a knowledgeable family law attorney, parents can navigate the enforcement process effectively and ensure that the best interests of the child are protected. If you are facing challenges with enforcing a custody order, don't hesitate to seek legal guidance to explore your options and advocate for your rights as a parent.

Frequently Asked Questions on Enforcing Child Custody

What is considered an unfit parent in Wisconsin?

In Wisconsin, an unfit parent is typically someone who engages in behavior or activities that pose a significant risk to the child's physical, emotional, or psychological well-being. This can include neglect, abuse, substance abuse, domestic violence, or mental illness that impairs the parent's ability to care for the child.

What is an example of failure to co-parent?

Failure to co-parent can manifest in various ways, such as one parent refusing to communicate with the other regarding important decisions affecting the child, consistently undermining the other parent's authority and decisions, or refusing to facilitate or encourage the child's relationship with the other parent.

How hard is it to terminate parental rights in Wisconsin?

Terminating parental rights in Wisconsin is a significant legal step and is generally reserved for cases involving severe abuse, neglect, or abandonment. The process is complex and challenging, requiring clear and convincing evidence of grounds for termination.

How do you prove a parent is emotionally unstable?

Proving that a parent is emotionally unstable typically involves presenting evidence such as medical records, psychological evaluations, witness testimony, or documentation of concerning behavior or incidents. The evidence must demonstrate the parent's inability to provide a stable and safe environment for the child.