What Happens if a Parent Violates a Custody Order?

Child custody orders are legally binding, and both parents are expected to follow them. Unfortunately, custody disputes don’t always end when a judge signs an order. Sometimes, one parent may fail to follow the agreement—whether intentionally or unintentionally. If you find yourself in this situation, it’s important to know your rights and the legal steps you can take.

parents tugging child

Examples of Custody Order Violations

Custody order violations can take many forms, including:

  • Refusing to return the child at the agreed-upon time.

  • Denying the other parent scheduled visitation.

  • Taking the child out of state without permission.

  • Making major decisions about the child without consulting the other parent, if required.

Even seemingly small violations can add up and create stress for both the child and the other parent.

What You Can Do if the Other Parent Violates the Order

If your co-parent isn’t following the custody arrangement, you do have options:

  1. Document Everything – Keep a detailed record of violations, including dates, times, and descriptions of what occurred. This documentation can be critical if you need to return to court.

  2. Communicate (If Safe) – Sometimes, a violation happens due to miscommunication. Clarifying schedules or expectations may resolve the issue without escalating the matter.

  3. Seek Legal Remedies – If violations continue, you may need to go back to court. A judge can enforce the custody order, hold the violating parent in contempt, or even modify the custody arrangement in serious cases.

Consequences for Violating a Custody Order

The courts take custody orders seriously, and consequences can include:

  • Fines or payment of the other parent’s legal fees.

  • Make-up visitation time.

  • Contempt of court charges, which may include jail time.

  • Modification of custody in favor of the parent who follows the order.

Protecting Your Rights and Your Child

Violations of custody orders can disrupt a child’s stability and create unnecessary conflict. If you’re facing this issue, consulting a family law attorney can help you understand your options and protect your rights. Courts prioritize the child’s best interests, and taking swift action can ensure that custody orders are respected.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

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