What to Do If Your Co-Parent Breaks the Custody Agreement
Custody orders are legally binding agreements that define each parent’s rights and
responsibilities following a separation or divorce. When one parent fails to follow the court-
ordered custody arrangement, it can lead to serious emotional stress, instability for the children,
and legal consequences for the parent in violation.
Understanding your rights and the steps to take in such situations is critical to protecting your
child’s well-being and ensuring that custody terms are enforced.
Common Violations of Custody Orders
Parents may violate custody orders in various ways, including:
- Refusing to return the child at the scheduled time
- Withholding visitation without court permission
- Failing to adhere to pickup/drop-off locations or times
- Taking the child out of state or country without consent
- Attempting to alienate the child from the other parent
These actions are not only unfair to the other parent but may also negatively impact the child’s relationship with both parents and overall emotional health.
Legal Remedies for Non-Compliance with a Child Custody Agreement in New Jersey
When a parent does not follow the custody order, the other parent has the right to seek legal recourse. In New Jersey, this typically involves:
1. Filing a Motion to Enforce Litigant’s Rights
This formal request asks the court to enforce the existing custody order. The court may issue penalties, modify the existing order, or compel the non-compliant parent to adhere to the terms.
2. Requesting a Custody Modification
If the violations are repeated or serious, the court may consider modifying the custody arrangement in favor of the compliant parent. The court’s primary concern is the best interests of the child.
3. Seeking Contempt of Court Charges
Willful violations may result in contempt of court, leading to fines, community service, or even jail time in extreme cases.
The Importance of Keeping Detailed Child Custody Records
If you believe the other parent is violating the custody agreement, it is important to document each incident. Keep detailed notes, save text or email exchanges, and note any missed visits or refusals to return the child. This evidence may be crucial if court intervention becomes necessary.
Get Assistance From a Child Custody Attorney in New Jersey
Custody issues can escalate quickly and affect your child’s stability. If your co-parent is not following the custody order, speak with a family law attorney who can help you understand your options and advocate for your parental rights.
The Law Office of Blake W. Rush in Clinton, NJ, provides legal guidance and representation in custody enforcement matters. With over 16 years of experience in New Jersey family law, the firm helps parents take appropriate legal action when custody orders are not followed. Contact Blake Rush today to schedule a free consultation.