Am I at Risk if I Violate my 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 you may need to deviate from a custody order for the child's safety. If you believe the child is in immediate danger during the other parent's custody time, you may need to take emergency action. However, you should:

• Contact law enforcement if there is an emergency
• Document the emergency situation
• File an emergency motion with the court as soon as possible
• Consult with an attorney immediately

Even in emergency situations, you should work to get court approval for any deviation from the custody order as quickly as possible.

Modifying a Custody Order

If you believe the current custody order is not in the child's best interests or if circumstances have changed, you should not simply stop following the order. Instead, you should:

• File a motion to modify the custody order
• Present evidence to the court about why a modification is needed
• Continue following 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.