Emotions can run high after couples split up, and some parents may express their bitter feelings towards each other by ignoring the rules of their child custody arrangements. But if disputes arise, a parent may wonder, what constitutes a violation of a custody agreement? And if your ex is violating the custody agreement, what can you do?

Common Violations of Custody Agreements

Some common violations include:
Refusing to Respect Visitation Rights: This is a serious and frequent problem for many divorced couples, whether they have a joint custody agreement, where they share physical and/or legal custody of the child, or a sole custody arrangement, where one parent has both legal and physical custody of a child. When refusing to respect visitation rights, parents may bring children back later than they are supposed to or deliberately schedule appointments and activities to conflict with scheduled visitation.
A violation of joint custody agreements can be a particularly difficult situation, since each parent generally spends a considerable amount of time with the child, and parents may interact with each other frequently. In many states, regularly refusing to respect visitation rights-along with other problems-could be grounds for changing the custody agreement.
Taking the Child Without Alerting the Other Parent: In some cases, this can reach the level of kidnapping. According to the FBI "By law (specifically the 1982 Missing Childrens Act), [a missing child is] any person younger than 18 whose whereabouts are unknown to his or her legal custodian." When a child is abducted and taken across state lines or out of the country, the FBI can become involved.
If your ex or another family member has taken your child without your permission and you have concerns that they may have been kidnapped, alert law enforcement authorities and your divorce attorney immediately.
Badmouthing the Other Parent: Courts do not approve of one parent trying to alienate the children from the other parent. Generally, the courts expect both parents to not talk badly about each other to the child. If the other parent is doing this, you may need to go before a court for more specific language in the custody order or for a contempt of court proceeding.
When you find out your ex is saying terrible or untrue things about you to your children, it is tempting to badmouth them right back. However, avoid doing so at all costs-remember, this person is still your childs father or mother. When parents are negative about each other in front of their children, it puts the children in a terrible situation, and the court may consider this poor behavior if disputes over the custody agreement arise.
Disagreements Over Religion: Religion is another issue that should be spelled out in the custody agreement. If one parent refuses to abide by the agreement and baptizes the child in another religion or brings the children to services in another faith, such actions may constitute a violation of the child custody agreement. Courts cannot force parents to bring their children to the services of a particular religion, but they may stop the parent from taking the child to those services.
Some courts may decide not to get involved in religious disputes, though, and instead will allow each parent to make their own choices about religion when the child is with that parent.
Personal Habits Such as Smoking: Courts consider the "best interests" of the child when making custody arrangements. In some cases, a habit such as smoking may be enough to violate a custody agreement, particularly if the child has asthma or other sensitivities to smoke. In such cases, it is a good idea to limit potentially troublesome behavior around the child, or, even better, to break the questionable habit completely.

Know What Constitutes a Violation of the Custody Agreement

Normally, a court will only change a custody agreement if one of the parents has made a serious violation of the custody agreement. When considering a change, the court will consider the best interests of the child, just as it did when approving the original agreement. It is generally better to try to work out situations with your ex, or to involve a counselor or mediator before going back to the courts to amend the custody agreement.
However, if you think your ex's behavior is severe enough to threaten the best interests of your child, contact your lawyer immediately. Also, be sure to document every potential violation. This can help your attorney argue your case before a judge if you try to amend your child custody agreement.


Please Make Note

Please make note that I, Jessica Lynn Hepner the creator of What Every Parent Should Know, is not giving legal advice. I am not a lawyer. I am giving you knowledge via first hand experiences.

Google+ Badge

Powered by Blogger.

About Me

My Photo
Jessica Lynn Hepner
View my complete profile

Featured Post

Guide To Child Protection Services

WHAT EVERY PARENT SHOULD KNOW INFORMATION ALL PARENTS NEED TO KNOW Thursday, November 1, 2012 Guide to CPS Guide to CPS Child Protective Se...

Contact Form


Email *

Message *

Google+ Followers

Total Pageviews

Search This Blog

Ways To Support Syncretism

Blog Archive

Search This Blog



Save A Life by Angie Kassabie

Save A Life by Angie Kassabie
I URGE ALL MY FRIENDS TO READ & SHARE THIS; YOU COULD SAVE A LOVED ONES LIFE BY KNOWING THIS SIMPLE INFORMATION!!! Stroke has a new indicator! They say if you forward this to ten people, you stand a chance of saving one life. Will you send this along? Blood Clots/Stroke - They Now Have a Fourth Indicator, the Tongue: During a BBQ, a woman stumbled and took a little fall - she assured everyone that she was fine (they offered to call paramedics) ...she said she had just tripped over a brick because of her new shoes. They got her cleaned up and got her a new plate of food. While she appeared a bit shaken up, Jane went about enjoying herself the rest of the evening. Jane's husband called later telling everyone that his wife had been taken to the hospital - (at 6:00 PM Jane passed away.) She had suffered a stroke at the BBQ. Had they known how to identify the signs of a stroke, perhaps Jane would be with us today. Some don't die. They end up in a helpless, hopeless condition instead. It only takes a minute to read this. A neurologist says that if he can get to a stroke victim within 3 hours he can totally reverse the effects of a stroke...totally. He said the trick was getting a stroke recognized, diagnosed, and then getting the patient medically cared for within 3 hours, which is tough. >>RECOGNIZING A STROKE<< Thank God for the sense to remember the '3' steps, STR. Read and Learn! Sometimes symptoms of a stroke are difficult to identify. Unfortunately, the lack of awareness spells disaster. The stroke victim may suffer severe brain damage when people nearby fail to recognize the symptoms of a stroke. Now doctors say a bystander can recognize a stroke by asking three simple questions: S *Ask the individual to SMILE. T *Ask the person to TALK and SPEAK A SIMPLE SENTENCE (Coherently) (i.e. Chicken Soup) R *Ask him or her to RAISE BOTH ARMS. If he or she has trouble with ANY ONE of these tasks, call emergency number immediately and describe the symptoms to the dispatcher. New Sign of a Stroke -------- Stick out Your Tongue NOTE: Another 'sign' of a stroke is this: Ask the person to 'stick' out his tongue. If the tongue is 'crooked', if it goes to one side or the other that is also an indication of a stroke. A cardiologist says if everyone who gets this e-mail sends it to 10 people; you can bet that at least one life will be saved. I have done my part. Will you?

Popular Posts

Edit here

call Veteran Crisis @ 1-800-273-8255 press 1 or you can private/confidential chat to VeteransCrisisLine.net or text to 838255... Veterans Crisis Line | Hotline, Online Chat & Text Free, confidential support for Veterans in crisis and... VETERANSCRISISLINE.NET http://veteranscrisisline.net/

Recent Posts