What to Do if a Parent Violates a Custody Order
A custody order is designed to care for the needs of a child. The court order designates a child’s living arrangements and how major decisions about the child’s upbringing will be made after a couple separates or divorces. While the document can be helpful in determining each parent’s roles and responsibilities, violating the order can lead to legal ramifications. Being a legally binding document, either parent that is in violation of its terms may be found in contempt of court.
Understanding your rights is essential when your child’s other parent has violated an existing custody order. If your ex refuses to follow a custody order, our Harrisburg child custody attorneys are here to protect your child’s safety while helping you navigate the complex nature of the legal system.
What is a Custody Order?
A custody order is developed by a court, making provisions for a child’s living arrangements and how major life decisions will be handled. The document is legally binding but is often based on an agreement made between both parents (known as a parenting plan).
A custody order stipulates physical custody and legal custody for a minor child. Physical custody pertains to who the child will spend time with and their living arrangements, while legal custody addresses how major life decisions regarding your child’s welfare will be managed.
Steps To Take if Your Former Partner Violates a Custody Order
While anyone who violates any type of custody order may face criminal penalties (six months in jail and a potential fine of $1,000), you may want to consider pursuing civil action. If your ex violates a custody order, take the following steps immediately:
Document the Various Violations
If your ex was late for pick-ups, drop-offs, or missed scheduled visits, record the dates and times of these violations. Additional evidence, including text messages, e-mails, or voice messages may be utilized as well.
Open the Lines of Communication
Address your concerns with your ex in a calm manner. Ask if they have experienced any significant changes (job changes or personal obligations) that make the visitation schedule difficult to adhere to. If so, your former spouse will want to seek a modification to the existing custody order. By simply communicating, you may be able to resolve the issue while having to take legal action.
Seek Legal Guidance
If your former spouse is unwilling to compromise, you will want to speak with a child custody attorney who can help you with your next steps. When there has been a violation of a custody order, our legal team typically recommends that both parties consider alternative dispute resolution options, such as mediation. During mediation, a neutral third party will discuss the issues with both you and your ex in an attempt to facilitate communication and reach a solution. At Purdy Law Office, LLC, both our attorneys are licensed mediators, helping individuals come to an agreement without court intervention.
If mediation is not a viable option or neither you nor your ex can come to an agreement, then you will need to proceed to litigation. You will need to file a motion for contempt of court, serving your spouse with papers (informing them of the legal proceedings). This can be expensive, but it may be the answer if your spouse is unwilling to cooperate with a custody order.
Speak with a Harrisburg Child Custody Attorney Today
A custody order is a binding decision made by the court. If your former spouse refuses to follow the terms of your custody order, our Harrisburg child custody attorneys are available to inform you of your legal rights. While the situation may be stressful and even infuriating, you do have the option of enforcing the order through court action, placing your ex in contempt of court. To learn more or to schedule your meeting with Purdy Law Office, LLC, we can be reached online or by calling (717) 674-2885.