What Happens When a Parent Violates a Child Custody Agreement?

What Are Some Common Child Custody Agreement Violations?

When the parents determine and agree upon child custody and visitation agreements, the court approves them to make them legally enforceable. Unfortunately, some parents don’t abide by the orders, which is a violation of the order. Family law attorneys in Louisiana highlight the following common forms of child custody agreement violations:

• One parent keeps the child with them for longer than the time stipulated in the custody or visitation order without informing the other parent
• Not informing the other parent about the child’s whereabouts
• Traveling out of state or the approved jurisdiction with the child without the court’s or other parent’s approval, including relocating without consent from the other parent.
• Allowing an unauthorized individual to care for the child
• Not allowing the other parent to spend time with the child
• Failure to keep up with any other part of the child custody or visitation agreement

If such situations arise, it’s crucial not to take matters into your own hands. Instead, consult skilled child custody lawyers in Lafayette for legal counsel on how to resolve the matter. They can help you pursue legal action to protect your parenting rights while upholding the child’s best interests.

What Are the Consequences of a Child Custody Agreement Violation?

Lafayette child custody attorneys explain that failure to adhere to a child custody order can lead to severe consequences., including possible criminal penalties. If your co-parent denies your scheduled parenting time or refuses to comply with the agreement, you can take the following actions to enforce the order.

Document the Violations

You can’t downplay the importance of documenting violations as they occur. The evidence you collect forms the basis of any legal action you pursue. You must present solid evidence, so keep detailed records of the violations, such as the following:

• Cutting off communication between the child and the other parent
• Late pickups or drop-offs
• Parental alienation
• Being left out in crucial decisions affecting the child

You can use a journal to track these instances, being very specific about the dates and times they happen. You could also save audio recordings, voicemails, and video evidence, which can help prove your claims of violations.

Attempt to Resolve the Violation Out of Court

Once you establish that your co-parent has violated the child custody order, Lafayette family attorneys recommend attempting to resolve the issue with the other parent. Point out the specific behavior and when the violation happened. Remind them that if the violations continue, you will pursue legal action and have a child custody lawyer intervene on your behalf.

Your lawyer could send a letter to the other parent’s lawyer explaining the violation. Discussing the breach can help you determine if it was intentional or not. It also enables you to stamp your authority and show you’re willing to enforce the legal provisions of the custody agreement.

File a Motion for Contempt

If an out-of-court resolution fails to end the violations, you may need to file a motion for contempt with the court. The court can set the matter for hearing and summon the other parent to explain why they have disregarded the child custody agreement. If the judge finds that a parent has violated the court order, they can take one or more of the following actions:

• Issue additional terms and conditions consistent with the existing custody order.
• Modify the previous order to meet the child’s best interests
• Require you and the other parent to attend a parental education program or family counseling to be paid by the parent who violated the order
• Require the parent who violated the order to post a bond with the court to ensure they will adhere to the order in the future
• Schedule a hearing for modification of the existing order or allocation of parental responsibilities
• Hold the parent who violated the order in contempt of court and issue a jail sentence or a fine of up to 100% per incident of denied parenting time
• Strip the parent of their visitation rights if they are the non-custodial parent
• Order more parenting time for the parent whose visitation rights were violated
• Anything else the court would deem appropriate in the child’s best interests.

How Can I Avoid a Child Custody Or Visitation Dispute?

Given the strict penalties for defying a child custody agreement, it’s essential to do everything possible to avoid a dispute. It all starts by understanding the order and what is required of you. Skilled child custody lawyers in Lafayette can review its contents, terms, and conditions and help you understand how they apply to you.

If circumstances force you to violate any part of the order, it’s advisable to communicate with the other parent in good time. However, if the violations are recurrent and beyond your control, seek to modify the order to reflect your current circumstances. You must continue to obey the order until the court grants the modification.

A Skilled Family Law Attorney Providing Legal Counsel About Child Custody Agreement Violations

Parents should comply with child custody orders. Violating the agreement can be met with harsh legal consequences imposed by the court. If your co-parent has violated a custody order, seek the advise of experienced family law attorneys in Louisiana. They can mediate between you and the other parent to help you reach an amicable resolution.

If mediation fails, the legal team at The Law Office of Tony Morrow can help you file a motion of contempt in court. The judge will evaluate the case specifics and make a decision that upholds your rights and your child’s best interests. We can help you gather the necessary evidence to strengthen your case and provide legal representation. Call us at 337-201-9222 to schedule a consultation.