In a perfect co-parenting world, each parent would be cordial, punctual, and dedicated to the kids' best interests at all times. Unfortunately, the reality is that one — or even both — parents often violate custody orders. If you are thinking about violating your child custody order or have an ex who consistently ignores your custody decree, you may need to speak with a child custody attorney. Here are five potential outcomes in a child custody law case involving a parent who refuses to follow the custody order.
1) A warning
As with many cases in the courtroom, first-time offenders often get a warning. Depending on the severity of the offense, the judge may only issue a stern verbal warning. If the offense is more serious, the judge may issue a written warning with explicit instructions to comply.
2) Make-up time
If you have missed out on scheduled visits or custody days due to your ex's refusal to follow the order, the court may mandate that make-up time is granted for these violations. However, keep in mind that the same thing may happen to you if you have purposely withheld custodial time from the other parent. A child custody attorney can help argue that you had a valid reason, such as threats of abuse or neglect from the other parent. This argument may help the judge better understand the reasoning behind your violation so that you do not receive harsh consequences, such as fines or jail time.
3) Court fines
The court may also issue a fine to the offending parent when a custody decree gets ignored. This can be a costly consequence and is often used to punish consistent violators who do not respond to the other actions taken by the court. However, child custody law can be unpredictable at times, so it's still possible for first-time offenders to get hit with a hefty fine.
4) Jail time
In severe situations, a court may mandate jail time for an offending parent who regularly violates a custody order. Jail is often reserved for major violations, such as refusing to return the child for an extended length of time or otherwise putting the child in danger. Jail time is also possible if you refuse to pay court-ordered child support or medical payments.
5) Modification of the custody order
When a court finds out that one parent is consistently ignoring the custody order, a judge may decide to modify it. This would give the other parent more custodial rights and could result in a reduction of visitation time for the parent who violated the order. This outcome is often used as a last resort and could actually benefit both parents.
No matter the situation, if you are thinking of violating a custody agreement or have an ex who is ignoring it, speak with a child custody attorney. This can help protect your rights in the courtroom and beyond.
