What Happens If I Violate a Child Custody Order?

Child custody orders are legally binding agreements that outline the rights and responsibilities of each parent. When a parent violates a custody order, they are violating a court order, which means serious consequences can follow.

This article will explain the potential consequences of violating a child custody order, the factors courts consider when determining punishment, and how to avoid violations. If your co-parent is violating your child custody arrangement or you’ve been accused of violating it, talk to a child custody lawyer near you.

Typical Scenarios Where Parents Violate Custody Orders

• Withholding visitation: One common violation is when one parent withholds visitation rights from the other without valid reasons or court approval. Unpaid child support is a common reason parents attempt to withhold visitation.
• Relocation without notice: Moving to a different city or state without notifying the other parent or obtaining court permission is a significant violation.
• Changing visitation schedule: Altering the visitation order without mutual consent or court approval can lead to violations.
• Interfering with communication: Preventing your child from communicating with the other parent during their allotted time can be seen as a violation.
• Failing to return the child: Refusing to return the child to the other parent at the agreed-upon time is a violation of the custody order.

Potential Consequences of Custody Order Violations

• Contempt of court: Violating a child custody order can lead to contempt of court charges. This is a serious legal offense that can result in fines, probation, or even jail time.
• Loss of custody: Repeated violations may lead to a modification of the custody arrangement, with the court awarding more time to the other parent or even changing primary custody.
• Criminal charges: In some cases, criminal charges such as child endangerment or kidnapping may be filed.
• Civil penalties: Courts can impose monetary fines or require you to compensate the other parent for any financial losses incurred due to the violation.
• Loss of parental rights: Severe or repeated violations can result in the termination of parental rights, completely severing your legal relationship with the child.

Factors Courts Consider in Determining Punishment

• The severity of the violation: A family court judge will typically take a more harsh view of deliberate, repeated, or reckless violations versus a one-time slip-up.
• The child’s well-being: The court’s primary concern is the child’s safety and well-being. If the violation endangered the child physically or emotionally, the consequences will likely be more severe.
• The history of violations: Previous violations of the custody order may be taken into account when determining punishment for a new violation.
• The reasons for the violation: For example, if the violation was due to an emergency or unavoidable circumstance, the court may be more lenient.
• Cooperation: Courts appreciate parents who are willing to cooperate and resolve disputes amicably. Demonstrating a willingness to work with the other parent can have a positive impact on the outcome.

Avoid Violations and Protect Your Rights

Violating a child custody order can have serious consequences. Even worse, it can have a big effect on your relationship with your child. Keep the following in mind if you are in a custody dispute with your child’s other parent:

• Familiarize yourself with your child custody agreement. Understand its terms, including visitation schedules, pick-up/drop-off arrangements, and any special provisions.
• Maintain open and respectful communication with the other parent. Discuss any necessary changes to the schedule in advance and seek their agreement. Keep records of all communication, including text messages and emails, related to custody arrangements.
• Consider creating a detailed parenting plan that outlines how you will handle various situations, including holidays, school vacations, and unforeseen events.
• In cases where communication is strained, consider involving a mediator or counselor, to facilitate discussions and agreements.

Most importantly, if you ever find yourself in a situation where you are unsure about your rights or obligations under a child custody order, talk to a family law attorney experienced in resolving custody disputes before violations happen.

Your lawyer can ensure that you comply with the law and help you navigate the complexities of child custody arrangements while minimizing the potential for conflicts. Remember, seeking legal advice is a proactive step towards protecting your child’s best interests and your own legal rights.