When a court issues an order after a divorce, parents are obligated to follow that order. Even if they believe they have a valid reason to violate it, they should never break the order on their own.
Unfortunately, this is a mistake that some people make, and it can put their custody rights in jeopardy. It’s important to know how this process works to avoid such complications. Below are two examples.
1. Withholding custody
First, imagine that one parent has primary custody of the children and the other has visitation rights. The parent with visitation rights is also ordered to pay child support.
In some cases, if the parent fails in their obligation to make timely support payments, the custodial parent may threaten to withhold visitation until they do. They see this as a way to force the other person to pay. However, it’s actually a violation of the other parent’s rights and should never be done. Instead, the custodial parent should approach the court to enforce the child support order.
2. Relocating with the child
Next, imagine that two parents have shared custody, but one of them wants to move or relocate. They need to seek a modification of the custody order in advance, perhaps providing good-faith reasons for the move.
If the parent simply moves with the child, it can make it impossible for the other parent to continue their relationship. Once again, this is a violation of the child custody order.
Your legal options
These are just two examples of many potential ways that court orders can be violated. If you are in a complex custody scenario with your ex, be sure you understand your legal rights and obligations, along with the proper steps to take if you need a court order to be modified or changed in the future.