It can be frustrating, overwhelming, and even frightening when your child’s other parent refuses to comply with the visitation order. It is important to fully comprehend your parental rights and legal options when a court order has been violated. To learn more, reach out to a Montgomery County child custody lawyer today.

What Should I Do if My Parental Rights Are Violated?

Whether you are the custodial or noncustodial parent, if your child’s other parent is refusing to comply with the visitation order, your parental rights are being violated. Opposing the court order is disrespectful to you nd the court, and could have adverse effects on your child.

If your child’s other parent has violated the parenting time agreement, it is important that you gather all relevant information as evidence. Make note of the dates, times, and description of all incidents, and document all written communication about the issues between you and the other parent.

With the help of a skilled family law attorney, you can submit a motion to the court requesting enforcement of the visitation order. The court will then schedule a hearing to determine whether your claims are valid and how enforcement will work.

What if a Parent Refuses to Comply With a Visitation Order in PA?

If a parent refuses to comply with a visitation order set by the court, they can be found in contempt and face a variety of legal penalties. PA courts have the authority to impose consequences in an attempt to enforce family law agreements.

Pennsylvania Code § 5323 outlines contempt for noncompliance with any type of custody order, including parenting time. This law states the following.

“A party who willfully fails to comply with any custody order may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following:

  • Imprisonment for a period of not more than six months.
  • A fine of not more than $500.
  • Probation for a period of not more than six months.
  • An order for nonrenewal, suspension or denial of operating privilege under section 4355 (relating to denial or suspension of licenses).
  • Counsel fees and costs.
  • An order committing an individual to jail under this section shall specify the condition which, when fulfilled, will result in the release of that individual.”

When your child’s other parent is found to be in violation of the custody or visitation order, the court will do whatever is in its power to reimburse you for time and monetary losses, as well as discourage the offending parent from engaging in similar behaviors in the future. That could include a temporary or permanent modification of the visitation order.

For more information and to secure skilled representation, reach out to an experienced attorney at Cohen & Patel today.