While child custody agreements are often worked out civilly, they should not be taken lightly. Once both parents and the judge sign off on the agreement, it is the law. As such, a violation of the terms has consequences. If you will have to work through one of these agreements soon, you need to understand what is at stake so that you can negotiate terms you can easily follow.

Contempt of Court

Some violations are somewhat unavoidable. For example, a bad weather or traffic delay that prevents the parent from delivering the child on time will often go without punishment. However, when the disturbance can be avoided or is habitual, the parent who violated the order may be held in contempt of court.

One of the greatest threats this scenario presents is that it opens the door to a modification. If the court determines that you are unable or unwilling to meet the terms, they can modify the agreement in favor of the other parent. Make sure you create a realistic agreement that you can adhere to.

Financial Penalties

The terms of the custody order are expected to be followed precisely. Whenever there is a variance from these terms, both parties must first agree. If not, the party violating the order could face fines. 

Consider an instance where one parent had a vacation planned and the other parent failed to drop the child off as outlined in the agreement. In this instance, if the first parent had to cancel the vacation or adjust the trip, they could petition the court to have the other parent pay for any financial losses incurred as a result of these changes. 

Felony Charges

Parents who make it a habitual practice of violating their agreements or those who commit a grossly negligent violation can be charged with a felony in certain states. An act that might fall into this category might include an instance where the parent takes the child out of the country or a scenario where the child is not returned for an extended period.

Depending on all the factors concerning the case, if convicted, the violating parent would have a permanent felony on their record and could face jail time. Both of these outcomes come with life-altering consequences.

Again, an attorney can provide valuable assistance when it comes to preparing a custody agreement that keeps your child's best interest at heart but is also fair and reasonable for you to comply with.

For more information, contact a child custody attorney in your area.  

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