If parents who share a child split up, the issue of the child’s living arrangement going forward becomes increasingly important. Depending on the specifics of your divorce, the court might award primary custody to one parent while the other is awarded visitation rights.
A child custody order, unless reviewed and modified by the court, is binding. This means that both parents are required by the court to live by its terms. Unfortunately, it is not uncommon for a divorce to bring out the worst in couples. If your ex is violating an existing custody order, you need to act fast to safeguard your rights and protect your child’s interests.
So what constitutes a violation of a custody order?
Basically, anything that goes against an existing custody order is a violation. Of course, there are instances, like an emergency situation, when a one-off break in the agreement may slide. However, deliberate acts that hurt the other parent’s rights, as well as the child’s best interests, are never taken lightly by the court. Here are examples of actions that may amount to a violation of a custody order:
- The custodial parent denies the other parent their visitation rights
- The parent with visitation rights refuses to return the child in time
- Traveling out of state with the child without the other parent’s knowledge and approval
- Running away with the child (parental kidnapping)
What to do about custody violation
If your ex violates a custody order, do not take matters into your own hands. Two wrongs do not make a right. Instead, gather your evidence and head to court.
Litigating a custody case alone can be a daunting task, so it is best to get legal help.