One of the worst things about a divorce can be the damage it does to the relationship between a loving parent and the children from the marriage. It can be hard to adjust to life seeing your children only a few days a week. It can be even worse when your ex no longer allows you to have visitation as outlined in your divorce agreement or the temporary order while your divorce is pending.
Being totally cut off from the children that you love can feel terrible. Most divorces in Nebraska result in shared custody or at least visitation. If one parent refuses to comply with the custody agreement or visitation schedule, the parent losing out in visitation and time with his or her children should explore court enforcement.
Nebraska custody situations focus on the children
Whenever the courts in Nebraska have to make decisions regarding the custody of minor children, they should always consider the best interests of the children. The best interests of the children typically involve minimizing disruption to their lives from divorce and maintaining healthy relationships with both of their parents, during and after the divorce.
When one parent puts interpersonal conflict or a grudge ahead of what is best for the children, that can impact how the courts view that parent’s parenting priorities and abilities. A parent who consistently puts the best interests and needs of the children above one’s own, on the other hand, demonstrates his or her dedication to the children involved.
Enforcement efforts can result in jail time
All child custody and visitation orders are actually court orders. Failing to abide by the requirements outlined in a custody decree could be contempt of court. In some cases, having a calm discussion with your ex in a neutral, preferably public, location could resolve the issue. Other times, having your attorney discuss the issue with your ex’s attorney can motivate your ex to follow the terms of the custody order.
If all else fails, you can initiate contempt of court proceedings via a contempt action. You must provide evidence that the other party willfully violated the terms of your custody agreement. If a judge agrees with your evidence, your ex could be jailed until there are terms for a “purge,” which, in this situation, would include complying with the terms of a visitation schedule or custody arrangement as written.
It’s important to understand that because incarceration is a potential outcome, your ex may receive court-appointed counsel. You need to prepare very carefully for any court actions by taking steps to carefully document any time that there is a violation of the custody agreement or visitation schedule.