One of the most touchy and upsetting issues that parents can face involves anything to do with child custody (conservatorship) and visitation (access or possession). It’s not just figuring out custody and visitation orders that presents problems – enforcing them can be equally or more challenging. Once the judge issues a custody or visitation order, both parents must comply with the terms and conditions of the order.
If you have attempted to fix your co-parenting problems by talking to your co-parent or through mediation or other means, and they still won’t comply with the order, you can file a motion to enforce the order. If a judge believes that the non-compliant parent has violated the order, they will penalize the non-compliant parent for denying your parental rights.
What to Do If Your Co-Parent Violates The Time-Sharing Rules
Take note that not all so-called violations are real violations. That being said, common examples of visitation or time-sharing rules violations can include:
- Parents keeping a child with them for longer periods than what’s stated in the order.
- Failing to tell the other parent of the child’s whereabouts.
- Taking long trips with the child before getting the other parent’s approval.
- Taking out-of-state trips with the child without the other parent’s permission. This can also result in federal issues.
- Denying the visitation or custody rights of the other parent.
- Leaving the child in the care of an unauthorized person.
Don’t try to take matters into your own hands if your co-parent is violating the visitation order. You must inform the relevant authorities, such as the local police, particularly if your child is missing or has been away for some time. It’s also best that you inform the court about what’s happening and talk to a San Antonio family law attorney for the most appropriate legal options specific to your situation. That way, you avoid taking actions that may also be considered a violation of the visitation or custody order.
What Happens If a Parent Does Not Follow the Visitation or Custody Order?
Because a visitation or custody arrangement is an official court order, violating it can result in contempt charges for the non-compliant parent. This could lead to serious consequences, such as jail time, costly fines, and make-up visitation time. It is also crucial to note that violating a court order may result in the loss of your parental rights.
If you are the custodial parent or conservator, you may lose your custody rights or have your rights reduced. If you are the non-custodial parent, you lose some or all of your possession or visitation rights and custody rights (if applicable).
Reach out to a Skilled San Antonio Family Law Attorney Today
Whether you are considering taking legal action against a co-parent who has violated time-sharing rules or you are being accused of violating the rules, the San Antonio family law attorney at Hoelscher Gebbia Cepeda PLLC can help. You can arrange your case evaluation with our San Antonio family law attorney by calling 210-222-9132 or completing our online contact form.