Elizabethtown, NC asked in Family Law and Child Custody for North Carolina

Q: What is the next step when someone is violating an court order?

This is not the first time he has violated these, all I have are text messages proving that he is using my son against me because he cant get what he wants, which is me. I have sole custody but what else can I do to get more custody? But not take away his visitation?

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If someone subject to a Court Order is violating the Court Order, typically the next step is to file a Show Cause Motion. If the person has no legitimate reason for violating the Court Order, a Judge will typically take some action to correct the violation. This action could take any number of forms, from forcing the person to comply to forcing them to pay money - even active jail time in extreme circumstances As to custody, there are two types of custody, physical custody (who the children will live with) and legal custody (who gets to make decisions regarding the children). If the custody you have is true sole physical and legal - you really can get 'more custody' than that. The only other thing you could do would be to look into terminating parental rights however, that would end visitation and the obligation to pay child support. Your best bet is likely to consult with a local family law attorney who can review your specific situation in detail and lay out your options for you. Attempting to do your own legal work is almost always an incredibly bad idea - like trying to repair your car yourself if you aren't a mechanic Best of luck.

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