When a Michigan court determines a custody arrangement, it’s not just a suggestion. These orders are legally binding directives arranged with the child’s best interests in mind with the intention of ensuring predictability, stability, and fairness for the child and both parents.
But what happens when one parent ignores the court order? Whether it’s refusing to return the child, denying visitation, or moving without permission, violating a custody order can carry serious legal consequences. Enforcing your child custody order requires an understanding of what constitutes a violation, what legal options you have available, and how a family law attorney can help.
Common Forms of Custody Violations
There are several ways a custody order can be violated. The most common include the following:
- Refusing to return the child after a visit
- Denying parenting time without a valid reason
- Taking the child out of state without court approval
- Changing the child’s residence or school without notification
- Engaging in alienating behavior
Sometimes, these violations are unintentional and stem from logistical issues or miscommunication between parents. However, when the violations are intentional, Michigan courts take them very seriously.
Legal Consequences of Violating a Custody Order
When a parent violates a custody order, the other parent can take legal action by filing a motion for enforcement. Here’s what the consequences of those motions might look like:
- Contempt of Court: A parent who intentionally violates a custody order may be held in contempt of court. Penalties can include fines, make-up parenting time, community service, and, in extreme cases, jail time. Persistent violations can result in harsher consequences over time.
- Modification of Custody or Parenting Time: If the court finds that continuous violations show the parent’s unwillingness to cooperate or support the other parent’s relationship with the child, it can result in modified parenting time or the loss of custody altogether.
- Police Involvement: In some instances, law enforcement may be called to enforce a custody order, particularly when the child’s safety is in question. Typically, these only happens in more extreme situations, as police try to avoid civil disputes unless there’s a clear emergency or threat.
What Should You Do If the Other Parent Violates the Custody Order?
If the other parent is violating your custody agreement, it’s essential to approach the situation thoughtfully and, perhaps more importantly, legally. Here are the steps you should take:
- Stay Calm: These situations can understandably become emotional, but any form of retaliation may put your own custody arrangement at risk. It’s critical to remain calm and seek the proper legal action.
- Contact an Attorney: An experienced family law attorney can not only help you understand your rights and follow the best course of action, but they can also keep you level-headed when emotions run high. Contact one as soon as possible.
- Gather Evidence: Keep careful records of missed visits, denied communication, evidence of parental alienation, and any communications related to the violation.
- File a Motion with the Court: Your best course of action is the legal one. Filing a motion with the court will help ensure that the other parent takes these violations seriously and faces consequences if they don’t comply with the custody arrangement.
Defending Against a Custody Violation Accusation
Sometimes, violations result from legitimate concerns, emergencies, or simple misunderstandings. When you’re accused of violating your custody order, seek legal representation immediately. Your attorney will help you gather evidence to disprove the claims and avoid penalties.
Contact a Michigan Family Law Attorney
Child custody disputes can be emotionally charged and overwhelming. You don’t need to handle yours alone. The Smith Law Offices, P.C., will advocate for your rights as a parent and fight to protect the best interests of your children. Contact us today for your free consultation.
