When a parent does not follow a custody order, it can interfere with the child’s routine and lead to significant legal issues. At our firm, we work with families dealing with enforcement issues, repeat violations, and parental interference. We help clients gather records, pursue legal remedies, and request modifications when needed. Whether a violation involves a missed exchange, withheld visitation, or more serious interference, it’s important to respond promptly. Our attorneys guide parents through the steps of enforcement, including documentation, communication protocols, and legal filings. If custody violations are frequent or severe, we can represent your interests in court to protect your parenting rights and your child’s stability. If you’re looking for an Asheville, NC child custody lawyer, we’re here to help.
Can I Call The Police If The Other Parent Refuses To Return My Child?
Yes, but it depends on the specific situation and the terms of your custody order. If the other parent is significantly late or refuses to return the child altogether, and the custody order clearly outlines return times, contacting law enforcement may be appropriate. Before calling the police, it helps to have a copy of the order on hand to show that the other parent is in violation. In emergency situations or when you fear for your child’s safety, immediate police involvement may be necessary. For repeat violations, it’s best to also follow up through the court.
What Legal Consequences Can A Parent Face For Violating A Custody Order?
A parent who violates a custody order may face serious consequences. These can include fines, mandatory parenting classes, loss of visitation time, or even jail time in some cases. Courts typically issue warnings or lesser sanctions for first-time offenses, but continued violations can lead to formal contempt findings or changes to the existing custody arrangement. Judges focus on what’s in the child’s best interest, so if one parent consistently disrupts parenting time, the court may adjust the schedule to better protect the child’s well-being.
Is Withholding Visitation Ever Justified In The Eyes Of The Court?
It’s rare for the court to consider withholding visitation acceptable without prior approval. If a parent believes the child is at risk due to abuse, neglect, or unsafe conditions, they should contact their attorney and the court immediately. Taking matters into your own hands—such as refusing visitation based on a disagreement or schedule conflict—can backfire legally. The proper response is to seek a modification through the court or file a motion for emergency relief if safety is involved.
How Do I Document Custody Violations For Court?
We suggest maintaining a clear, written record whenever the custody order is not followed. This includes noting dates, times, missed exchanges, withheld visits, or inappropriate communication. Save screenshots of messages, emails, or call logs that show any noncompliance. If police were involved, request a copy of the report. These records become important evidence if enforcement action or a custody modification becomes necessary. Staying organized and consistent strengthens your position in court.
What Role Does Contempt Of Court Play In Custody Disputes?
Contempt of court is a legal tool used when someone disobeys a court order. In custody disputes, a parent can file a motion asking the judge to hold the other parent in contempt for violating the custody agreement. If the court agrees, it may impose penalties such as fines, compensatory time with the child, or changes to the custody schedule. Courts do not take contempt lightly and will generally require clear evidence of repeated or willful violations.
Taking The Next Step When Custody Orders Are Ignored
Ongoing custody violations should be addressed promptly and not overlooked. They can escalate quickly and negatively impact the child’s routine and emotional stability. If you’re dealing with interference, missed visits, or any form of noncompliance, we’re here to help you take the appropriate next steps. The McKinney Law Group provides practical guidance and representation for parents facing custody enforcement issues, and our child custody lawyer from our team can speak with you about your options.