December 3, 2020

When you separate from your co-parent, you will have a custody order with regards to your children. In a perfect world, both parents will follow the court order to the benefit of their children. In reality, this isn’t always the case, and one parent may violate the custody order. The other parent may feel powerless, but there are things you can do if a custody order is violated.

What is a Violation of a Custody Order?

When two parents separate, a custody order is created to ensure legal division of parenting time, as well as regulations for co-parenting. A violation is when one parent defies the court order. Child custody laws in Ohio can be complicated, but your lawyer can ensure that you understand exactly what is required, and what the violations are.

Minor Violations of Child Custody Laws in Ohio

Minor violations may be unintentional, and some violations may be tolerated if they are rare or can be resolved outside of court.  However, minor violations can escalate, and a pattern of minor violations needs to be addressed. Some minor violations include:

•   Being late for an exchange.
•   Missing a visitation because of illness.
•   Changes in schedule.
•   Failing to inform the other parent about relevant issues.
•   Allowing an unauthorized person to care for the child.
•   Taking the child on a trip, especially out of state, without notification.

Keeping the child for a longer visit than is what is provided for or denying the other parent their visitation rights are more serious violations, especially if they are repeated.

Major Violations of Child Custody Laws in Ohio

A major violation puts the child at risk of mental or physical harm. A major violation also may purposely deprive the other parent of having a relationship with their child. Some major violations include:

•   Abuse of any kind.
•   Kidnapping.
•   Manipulating the child to violate the court order. (Such as refusing visits, using the child to “get revenge”, or encouraging the child to run away.)

What Action Can Be Taken if a Custody Order is Violated?

First and foremost, if you think your child is in danger contact the appropriate authorities usually the police or children’s services.  If a custody order is violated, especially for repeated violations, you can go back to the court and file for a resolution with a judge. If you are appearing in court or filing a motion, you need to make sure that you have backed everything up with proof. Document everything you can, and gather witness statements, school reports, photographs, written communication, and anything else you need to show the violation. The judge can take a variety of actions, including:

•   Supervised visitation for the offending parent.
•   Order the offending parent into therapy, parenting class, or other classes.
•   Change the court order.
•   Order make-up parenting time for the other parent.
•   Restrictions or loss of parenting time for the offending parent.
•   Order the parties into a supervised exchange, where a professional oversees the transition from one parent to the other.
•   Order the offending parent to pay the attorney fees or court costs.

What are the Consequences of a Violation?

Violations can lead to serious consequences. A custody arrangement is considered a court order, and violating a court order, like a custody or visitation arrangement, can lead to the parent dealing with contempt of court issues, which can include penalties like fines or even jail time. Even if the parent is not held in contempt, violating a custody order can lead to a loss of parental rights for the parent in violation. In severe cases, the offending parent may also be charged with kidnapping or other criminal charges.

What Should You Avoid if Your Custody Order is Violated?

You may be frustrated and angry if your custody order is violated, but it’s important to make sure that you are not making the situation worse and putting yourself in a bad position. Do not attempt to take revenge on your ex or their property. Do not damage anything your ex gave to your children. Do not vent on social media or online. Do not stop paying child support. Do not file false complaints, police reports, child protection reports, or any other fabricated complaints intended to hurt your ex. Finally, do not vent your anger directly to your ex, whether in person, on the phone, or in text messages. Anything you say can be used against you in court. Stay calm and stick to the facts. Having a friend or family member who is there for you can help.

Custody disputes can create stress on both parents, but more importantly, on the children who are involved. Custody situations can put the children in situations that are not ideal for them. It’s very important to take care of any custody disputes or violations with a lawyer in a timely fashion. Your lawyer understands the child custody laws in Ohio and can make sure that you are working toward the right solution. If you are facing custody issues with your ex and you don’t know what to do, call my office today. I have the knowledge and experience to help you and your family through this stressful time.