A custody order explains when each parent has the right to spend time with their child (physical custody) and who can make major decisions about the child’s life (legal custody). The court may order shared or sole custody arrangements for both legal and physical custody.
Every child custody order is legally binding, and both parents must follow it exactly as written. If either parent wants to make changes, they must file a formal request with the court and obtain approval first. Ignoring the terms of a custody order, even once, can lead to serious legal trouble.
Common Custody Order Violations
Despite the fact that custody orders are not optional, some parents still choose to ignore them. These violations can disrupt the child’s routine and the rights of the other parent.
Some common examples of custody order violations include:
- Refusing to return the child on time
- Denying the other parent their scheduled visits
- Withholding phone or video calls
- Failing to attend custody exchanges
- Picking up the child without permission
- Taking the child out of state without notice or consent
- Not following supervision rules set by the court
If a parent does any of these things on purpose, they can get into serious legal trouble with the court.
When a Custody Violation May Lead to Contempt Proceedings
If an ex-spouse willfully disobeys a final custody order, the other parent can file a petition for contempt. The court won’t take action for minor disagreements or honest mistakes—the parent filing must show proof that the other parent broke the order on purpose. For example, missing a visit once by accident likely won’t count. However, if a parent keeps refusing visits or tries to change the schedule without an agreement, that could justify contempt proceedings.
In Allegheny County, the court requires specific details like dates and times in civil contempt filings. Without this information, the court will likely dismiss the case or deny the request.
What to Expect at a Contempt Hearing
If someone files for contempt, the court will schedule a hearing and send both parents a notice to appear. The parent accused of violating the order must show up in person. At the hearing, each side can speak, present evidence, and call witnesses. The judge will look at the facts and decide whether a violation happened and, if so, whether it was willful. If the judge finds contempt, the court may issue penalties right away. If the accused parent doesn’t appear, the judge may reschedule the hearing and order personal service or even issue a warrant to bring them to court.
Other Potential Consequences for Violating a Custody Order
Judges don’t take custody violations lightly, especially if the child’s safety is at risk. If a judge finds that a parent willfully violated a custody order, they may order punishments like:
- Up to six months in jail
- Up to $500 in fines
- Probation
- Driver’s license suspension
- Mandatory payment of court costs or the other parent’s legal fees
How a Custody Lawyer in Wexford Can Help
If you try to handle custody issues without help, it can lead to mistakes that delay or hurt your case. If you live in Wexford or anywhere in Allegheny County, a lawyer who knows the local rules and judges can take the pressure off of you. A local attorney can help you:
- Review your custody order and understand your options
- Gather proof of repeated or serious violations
- Draft and file a clear and complete contempt petition
- Make sure the other parent gets served properly
- Prepare for court and attend hearings with you
- Ask the judge for strong but fair consequences
Contact a Pennsylvania Custody Attorney
If your ex is refusing to follow a custody order, you should take action now. At The Law Offices of Dawn K. Gull, we can review your case, explain your next steps, and help you file the right paperwork. Contact our office today to get started with your initial consultation.