Red, White, and Rights: How to Enforce Custody and Support Orders in NC

For many families, summer is a time for memory-making—vacations, cookouts, fireworks, and flexible schedules. But for separated or divorced parents, summer can also bring unexpected tension. Holiday weekends like the Fourth of July, extended school breaks, and spontaneous travel plans can quickly turn into points of conflict when custody and child support orders aren’t followed.

Maybe your child wasn’t returned on time after vacation. Or perhaps a co-parent decided not to pay support in June because they’re “covering extra expenses.” These moments—frustrating, disruptive, and all too common—can derail your summer and strain your co-parenting relationship.

Custody and support orders are in place to bring structure and predictability—especially during times that naturally invite change, like summer. When either parent decides to ignore, modify, or interpret these orders unilaterally, it doesn’t just impact the adults—it disrupts the stability your child needs most.

Understanding Court Orders in NC

What Custody and Child Support Orders Really Mean

In North Carolina, custody orders define the structure of parenting time and decision-making authority. These fall into two main categories:

• Physical Custody refers to where the child lives and how time is shared between parents. This can be joint (shared time) or primary (one parent has the majority of time).
• Legal Custody covers the right to make major decisions about the child’s education, healthcare, and general welfare. This can also be joint or sole.

Child support orders, on the other hand, are court directives that set the financial obligations of one parent to the other—typically the one with primary physical custody. These payments are based on state guidelines that factor in each parent’s income, custody arrangement, and specific child-related expenses.

Enforceability Doesn’t Pause for Summer

Once a custody or support order is entered by the court, it becomes a legally binding obligation. That means the terms apply 365 days a year—including during summer breaks, holidays, and vacations.

Whether it’s your scheduled July 4th weekend or a monthly child support payment due on the first, both parties are expected to uphold their end of the agreement. Violating a court order isn’t just frustrating—it can lead to serious legal consequences.

Informal Agreements Don’t Replace Legal Ones

It’s common for parents to make informal changes—swapping weekends, adjusting drop-off times, or covering certain expenses in lieu of support. But here’s the key: these side agreements are not legally enforceable unless they’re formally modified through the court.

That means if the other parent backs out, you have little recourse unless your modified arrangement is documented and approved by a judge.

Common Summer Violations

Denying Scheduled Parenting Time

One of the most frequent violations during the summer is when one parent refuses to allow the other to exercise their court-ordered parenting time. This might happen around major holidays like July 4th or during extended vacation periods. Denying scheduled time—whether it’s intentional or “forgotten”—is a direct violation of the custody order and can quickly escalate into legal trouble.

Failing to Return the Child on Time

If your custody order specifies a drop-off date and time after a vacation or weekend, it must be followed. Parents who return a child late (or worse, not at all) undermine the stability of the schedule and the trust between co-parents. This is especially serious if it becomes a pattern or appears intended to disrupt the other parent's time.

Withholding Child Support Over Disagreements

Some parents may withhold child support as a form of retaliation—believing it's justified due to schedule changes, unmet expectations, or perceived unfairness. However, support obligations are not optional and cannot be withheld because of disagreements. If support is court-ordered, it must be paid on time, regardless of any unrelated custody disputes.

Making Unilateral Changes to Vacation Plans

Another common summer pitfall is when one parent unilaterally makes changes to a child’s travel or activity schedule without notifying or getting consent from the other parent—especially when such consent is required in the order. Booking a trip that overlaps with the other parent’s scheduled time, changing pick-up locations, or extending vacations without agreement can all be violations.

Steps to Take When Orders Are Not Followed

Start by Documenting Everything

The most important first step is to keep detailed records. Documentation gives credibility to your concerns and provides evidence if you need to go to court. Save:

• Texts and emails showing denied visitation, late returns, or non-responsiveness
• Logs of missed exchanges or late arrivals
• Screenshots or copies of payment history (or lack thereof)
• Calendar notes of any verbal or informal agreements that were broken

Even if you're hoping to resolve things peacefully, always keep a paper trail.

Try to Resolve It in Writing

Before escalating, attempt communication through respectful, non-accusatory messages. Stick to the facts, clarify your expectations based on the court order, and request compliance. For example:

"Per our custody order, I am scheduled for the July 4th weekend beginning Friday at 5:00 p.m. Please confirm the exchange time and location."

This shows the court you’ve made a good faith effort to resolve the issue directly.

Send a Formal Notice If Needed

If repeated attempts at communication go ignored—or the violations continue—you may need to send a formal notice or demand letter. This step signals that you're serious and gives the other parent a final opportunity to comply before legal action is taken.

Know When to Seek Legal Enforcement

At some point, it’s no longer productive to chase compliance through texts and emails. If your co-parent continues to violate the order, it may be time to pursue legal enforcement through the court. This can include filing for contempt, seeking modifications, or asking the court to impose penalties.

Legal Remedies in North Carolina

Filing a Motion for Contempt or Enforcement

If informal efforts and written notices have failed, the next step is filing a motion for contempt or a motion to enforce the court’s order. This legal filing brings the issue before a judge, who will review evidence of the violations and determine whether your co-parent is willfully disobeying a valid court order.

What the Court Can Do

If the judge finds your co-parent in contempt, they may order one or more of the following:

• Make-up parenting time for missed visits or holidays
• Wage garnishment or income withholding for unpaid child support
• Reimbursement of attorney’s fees and court costs
• Fines or sanctions for repeated violations
• In some cases, modification of the custody or support order to better reflect current needs or prevent future issues

Law Enforcement and Emergency Intervention

In more extreme cases—such as when a child is withheld for an extended period, or a parent refuses to return the child after summer visitation—law enforcement may become involved. While police are often reluctant to intervene in civil custody disputes, they can assist if there is a clear, court-ordered custody violation or a child is at risk.

When Emergency Custody May Be Appropriate

Sometimes a pattern of violations or a sudden, dangerous situation may justify filing for emergency custody. North Carolina courts may grant temporary changes to custody when there is evidence of:

• Substantial risk of harm to the child
• Abduction or refusal to return the child
• Domestic violence or criminal behavior by the other parent

Emergency custody motions require strong evidence and should be handled with experienced legal guidance.

Protect Your Peace This Summer

Summer should be about fireflies, pool days, and lasting memories—not court disputes and custody stress. When a co-parent ignores your rights or fails to meet their obligations, it can feel like the peace of your summer—and your parenting plan—is slipping away.

But you’re not powerless. Custody and support orders are not just guidelines—they are enforceable commitments designed to protect your time, your finances, and most importantly, your child’s well-being. Whether it’s missed visits, late returns, or unpaid support, consistent violations deserve serious attention.

At The Goodman Law Firm, we understand that upholding these orders isn’t about control—it’s about security and stability for your family. We’re here to help you protect what matters most.

Get the Support You Deserve

Whether you’re facing missed visits, unpaid support, or confusion over summer schedules, The Goodman Law Firm is here to help. We stand up for your parental rights and help you enforce the orders that keep your family grounded.

Contact The Goodman Law Firm:

📞 Phone: (704) 502-6773
📍 Address: 10020 Monroe Road, Suite 170-288, Matthews, NC 28105
⏰ Hours: Monday — Friday, 9:00 a.m. – 5:00 p.m.
🌐 Website: www.goodmanlawnc.com
📧 Email: kg@goodmanlawnc.com
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