If your ex is not following a child custody order in Pennsylvania, you have several legal options to enforce the order and protect your parental rights.
A custody order is a legally binding court order, and both parents are required to comply with its terms unless and until it is modified by the court.
What Can Count as a Custody Order Violation?
Common violations may include:
- Refusing to return the child on time
- Denying scheduled custody or visitation
- Interfering with communication between the child and the other parent
- Making unilateral decisions that violate the terms of the custody order
If you believe the other parent is not following the order, the appropriate next step may depend on the circumstances and whether the issue appears to be isolated or ongoing.
Start by Documenting What Is Happening
If the violation is minor or appears to be an isolated incident, you may first try to resolve the issue by communicating with the other parent in writing.
It can also be helpful to keep records of what is happening. This may include documenting missed exchanges, canceled visits, text messages, emails, and other evidence. Having this information may be useful if court intervention later becomes necessary.
What If the Violations Continue?
If the violations are ongoing or intentional, you may file a Petition for Contempt with the Court of Common Pleas that issued the custody order.
In a contempt proceeding, the court will determine whether the other parent willfully violated the custody order without a valid reason.
Continue Following the Custody Order Yourself
It is important not to respond to a custody violation by violating the order yourself.
Instead, continue to comply with the custody order to the extent possible while pursuing the appropriate legal remedies.
When to Speak With a Pennsylvania Family Law Attorney
An experienced Pennsylvania family law attorney can help you evaluate the circumstances, gather the necessary evidence, and file the appropriate petition to enforce the custody order.
Depending on the circumstances, an attorney may also help you seek a modification if the existing custody arrangement is no longer serving your child’s best interests.