During a divorce, each parent works hard to reach an agreement regarding custody and child support. Once these plans have been finalized, any potential changes must be reviewed and approved by the court before action can be taken. However, there are legal consequences when a parent breaks a custody order by acting outside the scope of the agreed-upon terms. These actions may provide grounds for legal action.
If you are the custodial parent and your ex-spouse is guilty of violating a custody order, Terry & Roberts can help you navigate this precarious situation, hold them responsible, and protect your child and yourself. The courts must handle these situations, and our team can help take the right steps to ensure that the other parent does not continue to disregard the terms of your agreement.
Types of Custody Violations a Parent Can Commit
There are a few ways a parent may violate their custody agreement. While some actions may be worse than others, especially if they threaten the safety or well-being of the child, all violations negatively impact the child and the other parent by endangering the parent-child relationship. Some common types of custody violations include:
- Visitation: A custodial parent may violate the custody agreement by altering or denying the other parent’s visitation rights, effectively withholding their child from them. A noncustodial parent may violate a custody order by not adhering to the visitation schedule or scheduled times, thereby acting unreliably.
- Decisions: One parent may try to make decisions outside the scope of the parenting plan. This may include making decisions they do not have the right to make, or making a collaborative decision on their own instead.
- Possession: Either parent may try to retain possession of the child and refuse to give the child back to the other parent, or refuse to give them back at the designated time specified in the court order.
- Abduction: A parent may abduct their own child and take them out of the area, out of state, or out of the country so the other parent cannot retrieve their child. This is a serious offense that can affect the child’s safety.
- Child support: Parents can also be guilty of not paying the child support they are required to provide as the noncustodial parent.
The court takes these offenses seriously and can act quickly to restore the terms of the court order. They have various means of enforcing custody agreements and ensuring a parent does not shirk their responsibilities.
Legal Consequences for Custody Violations
Stability is important for children, especially after a divorce. Even a small change can have a big impact on their lives. Maintaining a child’s routine and schedule as agreed upon during the divorce is essential to their well-being and safety. When a parent violates a custody order in some manner, action can be taken to ensure that the parent fulfills their court-appointed legal obligations.
The court does not tolerate deviations from child custody and support orders and will take measures to enforce the court order that has been established. Depending on the type and severity of the offense, a judge may implement measures such as garnishing the offending parent’s wages, issuing liens against their property, suspending their driver’s license, or putting them in contempt, either civilly or criminally.
A parent may even be required to serve time in jail depending on how they violated their custodial responsibilities, though this is rarer and reserved for extreme violations of the order. For example, this could occur in situations where a parent interferes with custody and takes their child without permission or maintains possession of them outside the scope of an established custody order.
This is considered a felony offense in Colorado and could result in custodial interference charges.
Actions to Take After a Parent Has Broken Their Custody Order
If a parent refuses or fails to honor their custody obligations, you have a few options available. With the recommendation of a lawyer, you can take specific steps that, in the end, can help curb this behavior and ensure the custody agreement is upheld. While resolving these issues should be done swiftly for the child’s well-being, they must be done correctly and legally. It is essential to take the proper steps in these matters so you do not also violate your end of the agreement.
Before doing anything else, keep thorough records of the other parent’s violations. Detail when and how they failed to fulfill their responsibilities through communications, journals, statements by family and friends, and visual evidence. This documentation can be used as evidence during legal proceedings to show the other parent’s offenses.
As long as the child is not in any immediate threat of danger, you can choose how to address the other parent’s actions. It is generally recommended to consult your child custody lawyer first to assess the safest and most effective method for communicating or enforcing the custody order. This may include having a calm but firm conversation with the offending parent, pursuing mediation to resolve the matter, or taking legal action in court.
As a result of these actions, a court may choose to take action against the parent who violated their custodial obligations and restore the terms of the original agreement. In some situations, parents may choose to revise the terms of their custody agreement with oversight and approval by the court. A solution must be found that ensures both parents share parenting responsibilities fairly for the child’s benefit.
Protect Your Child With the Help of Terry & Roberts Today
Terry & Roberts understands how unsettling and even frightening it can be when a child’s parent violates their custodial rights. The safety of your child is of the utmost importance, and we act quickly to ensure that these offenses are stopped. Our Texas child custody lawyers fight for you and your child, and ensure accountability on the part of the other parent. If you find yourself in this situation, contact us right away to schedule a consultation and get the help you need.