You felt relief when co-parenting arrangements were settled with a custody agreement. However, now your ex routinely exceeds their rights and authorities under these provisions. These acts are a violation of the custody agreement terms.
When the other parent ignores a custody agreement, you have rights under both contract and family law. Your attorney can even seek sanctions for a custody agreement violation through the court’s contempt power.
Common Signs of Custody Agreement Violations
It’s hard to know where to draw the line when it comes to a custody agreement violation. However, the following situations are cause for concern:
- The noncustodial parent keeps the child longer than agreed
- The custodial parent tries to interfere with the visitation schedule
- The noncustodial parent frequently misses visits
- The custodial parent blocks their child from communicating with the other parent
When a co-parent fails to follow a custody agreement, it causes significant harm to the child(ren). A violation of a custody agreement disrupts routines and causes emotional distress. It can create an emotional and financial burden for the other parent and erode trust between the non-compliant parent and both the other parent and child(ren).
Immediate Steps to Take When Your Co-Parent Is Noncompliant
When your co-parent violates the custody agreement, it’s wise to protect yourself and your child by documenting any violations:
- Log the date and time of each violation
- Save texts and emails relevant to the violation
- Create backups of any security system videos showing the violation
- Note anyone who witnessed the violation
Communicating firmly but professionally with your child’s co-parent is usually the best first step. Be tactful in explaining that their actions violated the terms of the custody agreement, you object to their behavior, and you expect them to comply.
If your attempts to resolve the issue directly with the co-parent are not successful, you should involve an attorney. It’s best to do so when the violations show a clear and purposeful disregard of the court order, or when they become a consistent pattern that significantly impacts the child’s well-being.
A child custody attorney can draft and send a formal “Notice to Comply,” which serves as a final, documented warning before pursuing more serious legal action. This notice outlines the specific violations and states that a “Motion for Contempt” or other enforcement action will be filed with the court if the non-compliance continues. This step is a crucial part of building a legal case, as it demonstrates to the court that you’ve attempted to resolve the issue outside of litigation.
Legal Remedies for Continued Violations
If the noncompliance issue is ongoing or recurring and a Notice to Comply does not get results, you will have to take additional legal action. Discuss the legal remedies below with your attorney to determine which options make sense.
Enforcement Motion
You have the right to file an enforcement motion for any documented violation. The purpose of this legal action is to ask the court to intervene and compel the non-compliant parent to adhere to the existing court order. The court will hold a hearing and may issue an order requiring your child’s co-parent to comply with the custody agreement.
Mediation or Collaborative Law
Even after a Notice to Comply fails, collaborative law or mediation may offer the best hope of a solution that works for both parties. Mediation and collaborative law offer a more cost-effective and child-focused alternative to litigation, and these processes empower parents to find a solution they can both live with, as opposed to a judge’s decision, which may not be what anyone wants. This can result in a more sustainable co-parenting relationship for the future.
Potential Consequences for the Noncompliant Parent
When a parent consistently and willfully violates a custody agreement, they can face significant legal consequences.
Contempt Sanctions
The court may hold them in contempt of court, a serious finding that can result in fines, paying the other parent’s attorney fees, and even jail time. The specific penalties often depend on the severity and frequency of the violations.
Custody Modification
Beyond immediate sanctions, repeated non-compliance can lead to a custody modification, which means the court may change the original order to better protect the child’s interests. This could include reducing the non-compliant parent’s visitation time, changing their decision-making authority, or, in severe cases, altering the primary custody arrangement altogether. The court’s primary concern is always the child’s welfare, and a parent’s refusal to follow the rules demonstrates a disregard for that stability.
Best Practices to Prevent Custody Disputes
The following steps can help you avoid disputes over your custody agreement:
- Share digital calendars showing each parent’s scheduled time
- Have protocols for notifying each other of schedule or handoff issues
- Develop a routine for regular check-ins with the child
- Use clear language
Consider proactively including these steps in your parenting plan.
How MBH Can Help
The attorneys at MBH have over a century of combined legal experience handling custody and other family law matters in Fort Worth and Southlake. Four of our attorneys are Board-Certified® in Family Law by the Texas Board of Legal Specialization, a benchmark that reflects our commitment to excellence.
Learn how an MBH custody attorney can help with your dispute. Schedule your free custody consultation by filling out our online contact form.
FAQs about Breach of Custody Agreements
Here are some answers to questions we frequently receive about the consequences of ignoring custody orders.
Parents are expected to make good-faith efforts to follow custody orders. Some technical violations might be excused due to unusual circumstances. For example, car problems might excuse a late return. However, dishonesty or repeated violations may justify legal action to enforce child custody agreement terms.
You must have evidence. This could include text messages, voicemails, and doorbell videos. It can also include your testimony and, if appropriate, your child’s.
A court enforces orders through its contempt power. The noncompliant parent could face a short jail sentence. They might have to pay fines and your attorney’s fees. You can also ask the court to modify the custody order to better protect your child’s interests, including their safety and mental health.
You are not required to have a lawyer for your custody dispute. However, a lawyer knows how to prepare and file a motion, argue at a hearing, and present possible solutions to the court. A custody attorney’s assistance may be key in resolving the custody agreement violation.
