Common Child Custody Violations and What to do About Them

After a divorce is final and a child custody order is entered, the terms specified in the order should be followed by both parents at all times. However, parents sometimes deviate from child custody and visitation schedules for multiple reasons — some legitimate and others not. If you believe your former spouse is not fully complying with the order, there are legal options available to help you get the custody and visitation arrangements back on track.

The first step is to determine whether a significant violation has occurred. Although any deviation from the custody order is technically a violation, minor variations or isolated incidents normally do not justify court involvement. Parents should try to discuss those occurrences and find ways to avoid them happening again.

When violations are more severe or occur regularly, you can request your child custody attorney to take action to protect your parental rights. Here are some common violations for which a court will intervene:

• Failure to show up for custody exchanges or refusal to release the child for scheduled visitations
• Consistent and significant late child drop-offs or pickups
• Insistence on keeping the child and failing to bring them back to the custodial parent
• Deliberate scheduling of events to disrupt the set visitation times
• Taking the child beyond court-permitted geographical boundaries, such as out of state or out of country
• Engaging in prohibited behaviors such as drinking or drug use while in possession of the child, or allowing prohibited individuals to be around the child
• Making educational, medical or religious decisions for the child without having the legal right to do so

Your attorney can file a petition asking the court to enforce the custody order, giving details about how and when the other parent violated it. A hearing will be held at which both parents may testify about the alleged noncompliance. If a violation is found, the court may adjust the custody and/or visitation provisions of the order in your favor, giving you additional time with your child.

In addition to enforcing the custody order, the court can hold the noncomplying parent responsible for paying your attorneys’ fees and court costs. In cases of deliberate violations, the parent can be found in contempt of court, which means they can possibly be sentenced to jail time.

Bombardo Law Office, P.C. in Syracuse represents Central New York residents in child custody and visitation matters. Please call 315-488-5544 or contact me online for a telephone or in-office consultation. Office hours are Monday through Friday, from 8:30 a.m. to 5:30 p.m. After-hour appointments are available upon request.