Children are the most important thing in their parents’ lives, and that doesn’t end when the parents’ relationship does. Child custody agreements exist to stake out the terms by which parents care for and raise their shared children after they’ve chosen to divorce or separate. They establish rules about where the child lives, who can make decisions on their behalf, and when and how a parent without primary custody can spend time with their child.
However, while the terms of a custody agreement are legally binding, individual parents sometimes believe they do not reflect what’s best for them and their children, leading them to violate the agreement’s terms. Let’s explore four of the most common child custody violations in Pennsylvania, what to do if your child’s other parent commits one, and how an experienced child custody attorney can help you resolve matters.
- Denying Visitation Rights
When a custody agreement grants one parent or guardian specific visitation time, the other parent is legally obligated to honor that schedule. Refusing to allow scheduled visits, consistently showing up late for drop-offs or pickups, or canceling visits without a valid reason can all constitute violations of the custody agreement.
- Failing to Return the Child
Parents must return their child per the terms of their custody agreement. Even if a parent believes they have a compelling reason—such as concerns about the child’s safety—they must follow the legal process rather than unilaterally withholding the child. Extended delays, unapproved overnight stays, or outright refusal to return the child can be seen as custodial interference.
- Blocking Communication
In Pennsylvania, custody agreements often include provisions that allow a noncustodial parent to maintain reasonable communication with their child, even outside of scheduled visitation. Intentionally blocking or interfering with phone calls, text messages, or other forms of contact can be considered a violation of that agreement and may negatively impact the child’s emotional well-being. Unless the custody order includes specific restrictions on contact, both parents are generally expected to foster and encourage ongoing communication.
- Changing the Custody Schedule
A parent cannot unilaterally change a legally binding schedule, whether by extending visitation without agreement, swapping weekends, or altering pickup and drop-off times on a whim. Even well-intentioned adjustments can be seen as a disregard for legal obligations if not properly communicated and agreed upon beforehand. Parents who believe a change is necessary due to work schedules, school activities, or other evolving circumstances must petition the court for a formal modification rather than taking matters into their own hands.
What to Do in the Face of Child Custody Violations
There are several actions you can take if your child’s other parent has violated the terms of your custody agreement. First, if you believe there is an emergency that puts your child at risk, contact the police immediately and inform them of your concerns.
If your child is not in immediate danger, start documenting your suspicions. Write down dates, times, and descriptions of the violations as well as how they affected your child. Save any relevant emails, text messages, or other communications, and summarize the content of phone calls or conversations you’ve had.
Finally, get in touch with an experienced child custody lawyer in Pennsylvania. Bring the documentation with you to your initial consultation so that they can get a better idea of the situation. Depending on the circumstances, they may be able to compel the other parent to follow the terms of the agreement or, barring that, file a petition for civil contempt/disobedience of a court order against the other parent.
Contact a Pennsylvania Child Custody Lawyer for Help
Do you need help enforcing your parental rights under the terms of your child custody agreement? Andrew F. Skala, Esquire, is here to provide you with legal aid with an honest perspective. Contact us today to discuss your concerns with an experienced child custody attorney in Greensburg.