What Should I Do If My Co-Parent Violates the Custody Order?

A custody order is meant to do one thing above all else: protect your child’s stability and well-being. It’s a legal agreement designed to ensure both parents have clarity, fairness, and the ability to act in their child’s best interests. But what happens when your co-parent decides to ignore that agreement? From missed visitations to withholding critical information, custody violations can be incredibly serious.

If you’re dealing with a co-parent violating the custody order, it’s natural to feel angry, helpless, or unsure of where to start. However, your response in these moments can greatly impact the outcome—for both your child and your case.

At Fout Law Office, our founding lawyer has spent nearly 20 years helping parents handle the emotional and legal challenges of custody disputes. Based on our experience, here’s a step-by-step guide to handling custody violations constructively.

Step 1: Stay Calm

Your first reaction might be anger or frustration, but staying composed is key. Emotional outbursts or impulsive actions, like sending angry messages, can escalate the situation and possibly reflect poorly on you during legal proceedings.  

Pro Tip:

Take a moment to focus on your main goal, which should always be protecting your child’s well-being, not deepening the conflict.  

Step 2: Document the Violation

Accurate records are the foundation of any strong legal foundation. Whenever a custody violation occurs, make sure to document it thoroughly.  

Here’s what to include in your records:

• Date and time of the incident  
• Details of what happened, whether it was a missed visitation, late pick-up, etc.  
• Copies of communication, such as texts, emails, or voicemails related to the violation  

Written documentation can serve as valuable evidence if this issue later escalates.  

Step 3: Preserve Evidence

Beyond written notes, gather any supporting materials that can back up your claims. Examples of evidence include:

• Email exchanges  
• Text messages or voicemails  
• Photos or videos (if applicable)  
• Receipts for travel arrangements or missed exchanges  

Be sure to store this information securely. Digital folders or physical copies in a safe place can help ensure you’re prepared if legal action becomes necessary.

Step 4: Communicate Carefully

Sometimes, a respectful conversation with your co-parent can resolve the problem without further escalation. When communicating, it’s important to stay calm, focused, and respectful.  

For example, you could say:

“I noticed the visitation schedule wasn’t followed over the weekend. Can we discuss how to avoid this happening again?”

Tips for Successful Communication:

• Stick to written communication (emails or text) to create a traceable record.  
• Avoid confrontational or accusatory language.  
• Don’t negotiate changes to the custody order without consulting a North Canton child custody lawyer.  

Step 5: Call the Police if Necessary

If your child’s safety is at risk, don’t hesitate to involve law enforcement. Certain custody violations, such as withholding the child against a court order or exposing them to dangerous conditions, may warrant immediate police intervention.  

When calling the police, make sure to have your court-ordered custody agreement on hand to help validate your case.  

Reminder:

Only involve the police for serious violations. Overuse of this option may negatively affect ongoing custody arrangements.  

Step 6: Contact a North Canton Child Custody Lawyer

If attempts to resolve the issue amicably don’t work, it may be time to seek professional help. A child custody lawyer can:

• Assess your case with the supporting evidence you’ve gathered  
• Advise you on legal options, such as mediation or custody modifications  
• Represent your case in court if necessary  

Partnering with a lawyer experienced in custody disputes ensures you’re taking all the right steps to protect your child and enforce the custody order.

Step 7: File for Contempt of Court

When custody violations persist despite your best efforts, filing for contempt of court may be your last resort. This legal action holds the violating parent accountable for failing to follow the custody order.  

Here’s How the Contempt Process Works:

1. Your lawyer files a motion for contempt in the jurisdiction where the custody order was issued.  
2. The court reviews evidence to determine if the custody order was violated.  
3. If found guilty, the co-parent may face penalties such as fines, mandatory parenting classes, or restricted visitation rights.

Keep in mind that filing for contempt of court is a serious step. Save this option for severe or repeated violations of the custody order.  

Focus on Resolution

Handling a custody violation is never easy, but your response can shape the outcome for you and your child. By staying calm, documenting violations, and working with a qualified North Canton child custody lawyer, you can address these challenges constructively and effectively.

At Fout Law Office, we can provide you with the insight and support you need to protect your child’s best interests and enforce custody arrangements effectively. If you’re dealing with custody violations, don’t wait to take action. Contact us today to schedule a confidential consultation.