What Can You Do if Your Child’s Other Parent Does Not Follow a Custody Order?

When a parent violates a custody order in Indiana, the legal system offers various mechanisms to address the issue and ensure compliance. Custody orders are binding legal agreements designed to protect the best interests of the child and establish clear guidelines for parenting time and decision-making responsibilities. When one parent fails to adhere to these terms, it can disrupt the child’s stability and infringe upon the other parent’s rights. Indiana courts take such violations seriously and provide remedies that range from civil enforcement to criminal penalties, depending on the severity of the non-compliance. An experienced Indianapolis child custody lawyer can provide critical guidance and counsel to parents seeking to uphold their custody rights and maintain a consistent, supportive environment for their child.

How Can a Motion For Enforcement Help Your Situation?

The first step a parent can take when faced with a custody order violation is to file a motion for enforcement with the court. This motion formally requests that the court intervene and ensure compliance with the existing parenting time order. Upon filing this motion, the court will typically schedule a hearing to address the matter and determine the appropriate course of action.

During the enforcement hearing, both parents will have the opportunity to present their case. The parent alleging the violation should provide evidence of the non-compliance, such as documentation of missed visitations or communication attempts. The court will then evaluate the situation and may issue orders to enforce or modify the existing custody arrangement if necessary.

When May an Injunction or Restraining Order Be Appropriate?

In cases where one parent consistently denies parenting time to the other, Indiana law provides a specific remedy. Under Indiana Code 31-17-4-4, a parent who has been granted parenting time rights and regularly pays child support can seek an injunction against the parent denying their court-ordered time with the child. 

To obtain an injunction, the parent must file an application with the court that has jurisdiction over the case. If granted, the court may issue a temporary restraining order to prevent further violations of the parenting time order. An injunction can serve as a powerful deterrent against continued non-compliance and can help restore the rightful parenting time arrangement.

What is Contempt of Court and How Does it Apply to Custody Violations?

One of the most serious legal options available in a custody violation case is initiating contempt of court proceedings. When a parent willfully disobeys a custody order without a reasonable cause, they can be found in contempt of court under Indiana law. This action is typically reserved for major or repeated violations rather than minor, isolated incidents.

If the court finds a parent in contempt, several consequences may follow:

  • The court may order the violating parent to make up missed parenting time
  • The parent may be required to pay the other parent’s attorney fees
  • The court might mandate community service for the non-compliant parent
  • In severe cases, the violating parent could face fines or even jail time

Can You Seek a Change to Your Custody Orders if the Other Parent is Not Following Them?

In some cases, repeated violations of a custody order may warrant a modification of the existing arrangement. If one parent consistently fails to comply with the court-ordered schedule, the other parent can petition the court for a custody or parenting time modification.

When considering a modification, the court will evaluate whether the changes are in the child’s best interests. Factors such as the frequency and severity of violations, the impact on the child’s well-being, and any changes in circumstances since the original order was issued will be taken into account. If granted, a modification could result in adjusted parenting time schedules or even changes to primary custody arrangements.

What Are the Benefits of Engaging in Mediation Following a Custody Violation?

While not strictly a legal option, mediation can be an effective way to address custody order violations without resorting to court intervention. Many Indiana courts encourage parents to attempt mediation before proceeding with formal legal action. Mediation can allow parents to work out custody issues in a non-adversarial manner, which can benefit their parenting relationship, finances, and their child’s well-being.

During mediation, a neutral third party helps facilitate communication between the parents to reach a mutually agreeable solution. Mediation efforts can be particularly beneficial when violations stem from misunderstandings or communication breakdowns rather than intentional non-compliance. Successful mediation can lead to revised parenting plans that address the underlying issues and promote better cooperation between parents.

Can Certain Custody Violations Result in Criminal Charges?

In extreme cases, a parent’s actions may rise to the level of criminal conduct. Indiana state statutes define the offense of interference with custody, which occurs when a person knowingly or intentionally removes a child under 18 years of age to a place outside Indiana in violation of a custody order or fails to return the child to as required by the order. Seeking immediate assistance from a trusted lawyer and law enforcement is vital if your child has been illegally taken from the state by their other parent.

However, pursuing criminal charges should be considered a last resort, as prosecutors typically prioritize cases with clear evidence of intentional and severe violations. Civil remedies are generally preferred and more readily available for most custody order violations.

How Can Our Firm Assist You?

It’s important to remember that your child’s best interests should always be the primary consideration when addressing custody violations. While it can be frustrating to deal with a non-compliant co-parent, maintaining a focus on your child’s well-being and seeking appropriate legal remedies can help resolve conflicts and restore proper parenting time arrangements. 

Parents facing custody order violations should avoid taking any actions without consulting with an experienced family law attorney first. Any changes made to your custody arrangement without court approval could complicate your case and open you to counter-claims of non-compliance. A lawyer from the Law Office of Deidra Haynes can examine your situation and help determine the most appropriate course of action for your specific circumstances. Our compassionate and knowledgeable attorneys can advise you on the best enforcement strategies and help you navigate Indiana’s court system to work toward a resolution that upholds your rights as a parent. Contact our office today at 317-785-1832 to schedule a confidential case review.