What Happens if Someone Breaks a Custody Agreement?
When parents divorce, the judge puts a custody agreement in place to ensure both parents get a fair amount of time with their children. The agreement details the custody schedule, pickup and dropoff times, and any restrictions or stipulations.
It is expected that both parents will follow the custody agreement to a T. They will adhere to the schedule without issue.
However, parents have been known to break custody agreements. When this happens, what can you do to punish the parent and ensure that it doesn’t happen again? Here’s a look at the steps to take.
Have a Conversation
Communication can be super helpful in these situations. Sometimes, there are misunderstandings, and maybe the other parent did not mean to break the agreement. In any case, you need to ensure they understand that they have violated the custody agreement, and you will take legal action if the issues are not resolved.
Document Any Violations
Make a note of the time and day the other parent violated the custody agreement. Look for evidence of the violations, such as the child’s school attendance records or perhaps the other parent’s social media records. Screenshotting relevant information can be useful.
Have Your Attorney Write a Letter
If you are still experiencing issues with your custody arrangement, have your attorney write a letter to the other parent. This can be an effective way to get them to adhere to the custody agreement without getting the court involved. The letter should warn the parent to adhere to the custody agreement or they will face legal action.
Consider Mediation
You can avoid going to court by requesting mediation. Request mediation services from the court so that you and the other parent can resolve your differences.
Request a Modification
If the other parent is ignoring the custody agreement altogether, you may have grounds to request a modification to the custody agreement. You will have to prove a material change in circumstances and that the change in custody would be in the best interest of the child. Let the other parent know you are considering requesting a change in your custody agreement due to these violations.
File for Contempt of Court
Not following a custody agreement is against the law and is called contempt of court. If the other parent changes the custody schedule without your permission, you may be able to file for contempt of court. If the other parent goes as far as to hide your child from you, this is called interference with custody. The penalties for contempt of court include six months in jail and a $1,000 fine.
Contact Us Today
Parents are expected to follow the custody agreement. When they do not, it can lead to frustration, anger, and even legal issues.
Dealing with custody issues? A Cherry Hill child custody attorney from Fiore Law can address your concerns. We can help with negotiations, modifications, and more. Call our office at (856) 214-8964 to schedule a consultation.