Custody orders are legally binding agreements designed to protect the best interests of a child while ensuring both parents have a clear understanding of their rights and responsibilities. Unfortunately, violations of these orders can and do happen, leaving the affected parent frustrated and unsure of their legal options. If your child’s other parent is not adhering to the terms of your custody agreement, you have legal recourse. Below, we discuss the steps you can take to enforce a custody order while prioritizing your child’s well-being. 
1. Document the Violations
The first step in addressing a custody violation is to maintain detailed records of each infraction. Keep track of missed visitations, late drop-offs, failure to return the child or any other deviations from the custody order. Save emails, text messages, and other communications that may serve as evidence if legal action becomes necessary.
2. Attempt to Resolve the Issue Amicably
Before escalating the matter to the courts, consider discussing the issue with the other parent. Sometimes, misunderstandings or temporary challenges (such as work conflicts or emergencies) may lead to unintended violations. If communication is difficult, mediation with a neutral third party may help both parents reach an understanding without the need for litigation.
3. File a Motion for Contempt of Court
If violations persist and informal discussions do not resolve the issue, you may need to file a motion for contempt of court. A judge may impose penalties on the non-compliant parent, including fines, makeup parenting time, or even modifications to the existing custody order. Courts take child custody violations seriously, especially if they negatively impact the child’s stability and well-being.
4. Request a Custody Modification
Repeated or severe violations may warrant a modification of the custody arrangement. If one parent continually disregards the order, the court may determine that changes are necessary to better serve the child’s best interests. This could result in an adjustment of parenting time, decision-making authority, or even primary custody.
5. Involve Law Enforcement When Necessary
In extreme cases—such as when a parent refuses to return a child or takes them out of state without permission—law enforcement may need to get involved. Depending on your jurisdiction, interference with custody could result in criminal charges. If you fear for your child’s safety, seek immediate legal assistance.
6. Seek Legal Assistance
If you are dealing with ongoing custody violations, consulting an experienced family law attorney is crucial. A lawyer can help you navigate the legal system, protect your rights, and advocate for your child’s best interests.
Final Thoughts
A custody order exists to provide stability and clarity for both parents and, most importantly, for the child. If a parent is disregarding the agreement, legal action may be necessary to ensure compliance. Taking proactive steps can help restore order and ensure your child’s best interests remain the top priority.
If you need guidance on enforcing a custody order or modifying an existing arrangement, our team of Alabama divorce and family law attorneys are here to help. Contact us today to discuss your legal options.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!