In child custody cases, it frequently occurs that judgments are not followed as prescribed by law by one or both of the parents involved. It may be that visitation rights have wrongly been denied or that child support payments have not been duly made. And there can also be problems with enforcement of spousal support judgments following a divorce or legal separation.
At San Diego Family Law Attorney, we know how to deal with lack of compliance by the other parent to the stipulations ordered by the court in regard to these matters. We can help you present your case and win a remediation or a modification in the relevant judgment.
One common example is when a non-custodial parent has visitation right but typically neglects to use them. This may annoy the custodial parent, but there is no requirement that a parent use his/her visitation rights (they are "rights" not "legal requirements.") In this case, however, one could seek a modification in the judgment that adjusts allotted visitation time to the actual visitation time being used, and then increases child support to make up for the extra time the custodial parent must spend taking care of the child.
It is also common for a change in the parenting plan to occur based on changes in life circumstances. If one/both parents have career changes, begin to attend college or trade school, have a major increase/decrease in income, or if one/both parents get remarried, the judgement may need to be modified to reflect the reality of the new situation.