Risks of Violating a Child Custody Order

Parents are obligated to follow court orders. Failure to do so may result in fines or even jail time. Understanding the consequences and exceptions when it comes to child custody and visitation orders is essential for protecting your rights and your relationship with your children.

The Importance of Following Court Orders

A child custody order is a legally binding court order. When a judge issues a custody or visitation order, both parents are required to follow it. Violating a custody order can have serious legal consequences.

Consequences of Violating a Custody Order

If you violate a child custody order, you may face:

• Being held in contempt of court
• Fines and court costs
• Jail time
• Loss of custody or visitation rights
• Requirement to pay the other parent's attorney fees
• Damage to your credibility in future court proceedings

What Constitutes a Violation?

Common violations of child custody orders include:

• Denying the other parent their court-ordered visitation time
• Failing to return the child after your visitation period
• Moving out of state with the child without permission
• Making major decisions about the child without consulting the other parent (when joint decision-making is required)
• Interfering with the other parent's phone or video contact with the child

Emergency Situations

There are limited circumstances when a custody order may need to be deviated from for a child's safety. If you believe a child is in immediate danger during the other parent's custody time, this is a situation where prompt legal guidance matters. A family-law attorney can help you take appropriate emergency steps, which may include:

• Contacting law enforcement if someone is in immediate danger
• Documenting the emergency situation
• Filing an emergency motion with the court as soon as possible
• Getting legal advice right away

Even in an emergency, court approval for any deviation from the custody order should be sought as quickly as possible, and an attorney can help you do this properly.

Modifying a Custody Order

If you believe the current custody order is no longer in the child's best interests, or if circumstances have changed, the order should not simply be ignored. A family-law attorney can help you pursue a modification the right way, which typically involves:

• Filing a motion to modify the custody order
• Presenting evidence to the court about why a modification is needed
• Continuing to follow the current order until the court issues a new one

What If the Other Parent Violates the Order?

If the other parent is violating the custody order, document each violation and consult with an attorney about filing a motion for enforcement. Do not retaliate by violating the order yourself, as this can harm your position in court.