Violation of a Child Custody and Time-Sharing Order Comes with Numerous Serious Potential Consequences.
To begin, the judge can hold you in contempt. Contempt comes with possible jail times, fines and attorney fees.
In addition, the judge can modify custody moving forward based upon the best interests of the child. The court has pretty broad discretion here. The emotional damage to a child related to high conflict custody provides sufficient grounds particularly when the conflict is due to the misbehavior of only one of the parties.
The judge can also order supervised visits as part of the change in time-sharing. Supervised visits are extremely burdensome on all. They are especially traumatic for the children.
Finally, violation of child custody can rise to the level of custodial interference if the child is withheld from the other parent. This can result in felony charges. These charges are not uncommon. They are frequently associated with one parent relocating with the child without the court’s permission, especially if the move is out of state.
In short, no matter how justified you may feel in taking matters into you own hands, violation of a child custody order is very risky. If a change is necessary and proper, do it properly through the courts.
If you are in a situation involving the violation of the child custody order, an experienced child custody attorney can help. The Albuquerque attorneys at Collins & Collins, P.C. have extensive experience with child custody matters. We can be reached at (505) 242-5958.