Child Custody and Parenting Time Enforcement in Massachusetts

Child custody is a general term used to address parents' legal and/or physical custody of their child. This is a very touchy subject and can become highly contentious during a divorce or separation. Having an order in place is critical to ensure your child's rights, your rights, and the other parent's responsibilities are outlined, upheld, and enforced.

If you do not have a custody order in place in Massachusetts, it is in your best option to petition for one. Though parents might get along today and share custody in a way that mutually works, you never know what tomorrow will bring. At Broderick & Mastrapasqua, our child custody lawyers in Essex, Middlesex, and Suffolk County will guide you through the process, represent your interests and the best interests of the child, and follow up to make sure the order is implemented. When a parent fails to adhere to the order, steps inside and outside the courtroom can be taken to enforce and––in some instances —modify the order.

Contact us online today at (978) 721-8861 to schedule a free consultation.

Enforcement of Massachusetts Child Custody Court Orders

All too often, obtaining an order from the court for child custody is only the first part of the battle. If the other parent does not honor the agreement, you parent may have to take steps to have the court order enforced. The most common method to enforce your order or judgment is to file a Complaint for Contempt. The court will then schedule a hearing to find out why the order has not been upheld and decide the best way to proceed. 

When the police are summoned to enforce a child custody order, they may or may not become involved. Absent a criminal act, such as kidnapping, police tend to favor not being involved. 

If there is an emergency, you should request an emergency hearing with the court. Emergencies include situations where one parent refuses to allow the other parent to see the child even though it is in violation of the order.

Can Child Custody Be Enforced When You Do Not Have a Court Order in Massachusetts?

It is always best to have an order in place that spells out who has custody, including when and where parenting time occurs. Absent a child custody order in Massachusetts, enforcement is difficult. There's no legal basis for the police to get involved unless a specific crime has occurred. The courts cannot do anything either. You must file a child custody complaint and obtain an order first.  

What To Do When Child Custody Is Not Enforced in Massachusetts? 

When a parent fails to follow a child custody order, they are in contempt of court. You can file a Complaint for Contempt with the court to have the other parent brought before the judge again. The judge will assess whether the order has been violated and what the response should be. Many times, it may result in an order to exchange the child or make-up time, less often it may result in a modification to the custody and parenting plan.

Contact Broderick & Mastrapasqua in Danvers, Massachusetts. We will help you file a thorough, well-supported complaint with the court. We will review your situation and provide the advice and representation you need to enforce or modify the child custody order and address any other family law issues or questions you may have.