A child custody order is a legally binding court order that both parents must follow. When a parent violates a custody order in North Carolina, the court may have the authority to enforce the order and impose consequences depending on the circumstances. Understanding what constitutes a custody order violation and the potential remedies available can help parents protect their rights and their relationship with their child.

At Jetton & Meredith, our Charlotte family law attorneys help parents throughout Mecklenburg County and surrounding areas understand their custody orders, address custody disputes, and navigate potential custody order violations.

How Do Parents End Up Violating a Custody Order?

A custody order outlines each parent's rights and responsibilities regarding their child. Violations can occur when a parent fails to comply with the terms established by the court.

Some common examples of custody order violations include:

Interfering with or refusing communication between the child and the other parent
Failing to meet at the agreed-upon exchange location
Refusing court-ordered visitation or parenting time
Taking the child out of state or out of the country without permission when prohibited by the order
Consistently failing to follow the custody schedule for pick-ups and drop-offs
Refusing to return the child at the designated time

If a parent repeatedly violates a custody order, the court may take action to enforce compliance. Understanding the requirements of your custody order is important to help avoid misunderstandings and potential legal consequences.

What Happens When a Parent Violates a Custody Order?

Depending on the circumstances, a court may have several options available when addressing custody order violations.

Potential consequences may include:

Being held in contempt of court
Payment of the other party's attorney's fees
Monetary sanctions imposed by the court
Court-ordered make-up parenting time
Modification of custody arrangements in certain cases
In serious situations involving willful violations, incarceration

The outcome will depend on the facts of the case, the nature of the violation, and whether the court determines the violation was intentional.

What Can I Do If the Other Parent Is Violating the Custody Order?

If you believe the other parent is violating a custody order, there may be legal options available to address the issue.

Depending on the circumstances, a parent may seek an Order to Show Cause, which asks the court to require the other party to appear and explain why they should not be held in contempt. In some situations, a parent may also ask the court to consider whether contempt proceedings are appropriate.

Before pursuing legal action, it is often beneficial to speak with an experienced family law attorney who can review the facts of your situation and help determine the most appropriate course of action.

What Is Contempt of Court?

Contempt of court occurs when a person fails to comply with a valid court order. In custody cases, a judge may find a parent in contempt if the evidence shows that the parent willfully violated the terms of a custody order.

If a court finds a parent in contempt, it may impose penalties designed to encourage compliance with the order and address any harm caused by the violation.

Can You Go to Jail for Violating a Custody Order?

In some cases, yes.

If a court determines that a parent willfully violated a custody order, the parent may be held in contempt of court. Depending on the circumstances, penalties can include attorney's fees, monetary sanctions, make-up parenting time, or incarceration.

However, every case is different, and the specific outcome will depend on the facts presented to the court.

What If I Don't Want to Take Legal Action Against the Other Parent?

Not every custody dispute immediately results in court action. If you are not ready to pursue legal remedies, there are still steps you can take to protect yourself and your child.

Consider the following:

Continue following the custody order yourself
Maintain respectful and appropriate communication
Avoid discussing the other parent's violations with the child
Keep detailed records of any violations, including dates, times, and supporting documentation
Save relevant text messages, emails, and other communications

Maintaining organized records can be helpful if legal action becomes necessary in the future.

I Don't Want to Violate the Custody Order, But I Need the Order to Change. What Can I Do?

Life circumstances can change after a custody order is entered. A parenting schedule that once worked well may no longer be practical due to changes in employment, relocation, school schedules, family responsibilities, or other circumstances.

If you are seeking to change a custody order, the legal process may depend on whether the existing order is temporary or permanent.

For temporary custody orders, the court may schedule additional hearings to determine what arrangement is in the best interests of the child.

For permanent custody orders, a parent generally must file a motion requesting modification of the existing order. Courts typically examine whether there has been a substantial change in circumstances affecting the welfare of the child since entry of the prior order.

Whether a particular change justifies modifying a custody order depends on the specific facts of the case. The court will generally focus on changes that have occurred since the entry of the existing custody order and whether those changes affect the best interests of the child.

Contact a Charlotte Family Law Attorney

Custody disputes can be stressful and emotionally challenging. Whether you believe the other parent has violated a custody order or you are seeking to modify an existing custody arrangement, understanding your options is important.

The experienced family law attorneys at Jetton & Meredith represent clients throughout Charlotte, Mecklenburg County, and surrounding communities in custody enforcement and modification matters. Contact our office today to schedule a consultation and learn more about your legal options.

This article is intended for informational purposes only and should not be considered legal advice. Every custody case is unique, and the outcome of any enforcement or modification action will depend on the specific facts involved.