Penalty for Violating Custody or Visitation Agreement in Florida

In Florida, visitation orders are legal arrangements that are approved by courts, which allow parents, usually non-custodial parents, to visit their child or have the child stay with them on a temporary basis. Violating these types of court orders can result in serious consequences.

When a custody arraignment is part of a court order, violating that order may result in contempt of court issues. In addition, the violating parent may face other criminal penalties, including jail time or criminal fines, typically after there have been repeated visitation or custody court order violations.

Most importantly, if a parent violates a custody or visitation order, they may lose parental rights. If they are the custodial parent, they may lose the child custody rights they have over their child, or they may have their custody rights over their child reduced.

For more information on violations of child custody or visitation orders in Florida, an individual should have a legal consultation with a local attorney in Florida.

What Are Some Examples of Child Custody or Visitation Order Violations?

There are many different ways in which a child custody or visitation order can be violated. Courts can determine that any conduct not specifically authorized by the order is a violation.

Even though the regulations that apply to these types of orders may differ by state, possible examples of violations include, but may not be limited to:

• Staying too long on a visit with the child: If a visitation order states that the non-custodial parent can visit their child from 9 a.m. to 5 p.m. on Saturdays and that parent remains with the child until 7 p.m., they may be in violation the visitation order.
• Failing to drop off or pick up the child at an agreed to place or time: If a visitation order specifies that the custodial parent will drop off the child at 9 a.m. on Saturdays and they fail to do so, that parent may be in violation of the visitation order.
• Trying to alter the visitation schedule without authorization from the court’s: If a non-custodial parent asks to change or modify their visitation schedule without the court’s authorization, they may be violating the order.
• Allowing an unauthorized individual to pick up their child: If a visitation order mandates that only the non-custodial parent can pick up the child but they allow an unauthorized individual to do so, they may be in violation of the order.
• Trying to visit or contact the child outside the times specified in the visitation order: If the visitation order states that the non-custodial parent can visit their child only on weekends, if they try to contact or visit their child outside of these times, it may be a violation of the order.
• Denying a parent their visitation rights they are due in the order: If a visitation order provides that the non-custodial parent can visit the child for specific periods and the custodial parent denies those visitations without a valid reason, they may be in violation of the visitation order.

What Are Reasons To Revise a Child Custody or Visitation Order?

In some situations, there may be legitimate reasons for a parent to request changes or revisions to their order, including:

• Changes in their work schedule: When the work schedule of the non-custodial parent changes, they may not be able to follow the current visitation schedule and may need to request a modification.
• Changes in the child’s school schedule: When the child’s school schedule changes, it may not work with the existing visitation schedule and may require a modification of the existing order.
• Relocation: If one of the parents relocates, it may be necessary to modify the order to accommodate the change in location.
• Medical or health issues: When a child has medical or health issues that require additional attention, the order may have to be modified to accommodate the child’s needs.
• Safety concerns: When there are safety concerns such as domestic violence, abuse, or neglect, it may be necessary to modify the visitation order to protect the child.

If a parent has any issues that they believe require a modification, they should not attempt to do so outside of court and should file a request instead. The court will then make any child custody decisions regarding the modification of the child custody or visitation using the child’s best interest standard.

What Can You Do if Your Child Custody or Visitation Order Was Violated?

Violations of child custody and visitation orders are taken very seriously, as they are based on court orders. Additional examples of violations that may occur including, but may not be limited to:

• One parent not informing the other where the child is
• Not getting approval before taking the child on a long trip
• Taking the child out of the state
  • This may also lead to federal legal issues
• Other types of violations

If any of these issues do arise, a parent should not try to take matters into their own hands. If a violation does occur, a parent should first reach out to the proper authorities, such as law enforcement, especially when the child is missing or has been gone for a long period of time.

It is also advisable for the parent to inform the court about the violation as soon as possible after it is recognized. By doing so, the parent can also avoid a potential action that may also be a violation.

How Can I Avoid a Child Custody or Visitation Dispute?

Even though child custody or visitation disputes may be serious, steps can be taken to avoid these issues from arising. First, a parent should make sure that their custody and visitation agreement is formally in writing and approved by the court so it is legally enforceable.

In certain situations, simply having the order being legally enforceable will prevent disputes and violations. Additionally, if a disagreement or dispute does arise about the terms of the custody and visitation, a parent should seek a modification of the child custody or visitation order.

This can prevent situations in which one or both parents try to create new arrangements. Any changes the parents want should be approved by the court before they are implemented.

If the parents do not have a child custody or visitation order modified when needed, it may also negatively affect the child. It can cause the child to be in a situation that is confusing or even dangerous.

On the other hand, when the necessary changes are made through the court system, the court will be able to make the proper decisions about the changes to the custody or visitation order following the child’s best interests standard.

Should I Get a Family Law Attorney To Help With My Child Custody or Visitation Dispute?

If a parent in Florida has any child custody or visitation order issues or concerns, they should reach out to a Florida child custody lawyer. These types of issues can have consequences for both parents as well as place the child in a situation that is not ideal.

Your lawyer can help you resolve your child custody or visitation order dispute as well as draft an updated agreement to submit to the court, if possible. Your attorney can also help you understand the Florida laws that will apply and the consequences of different decisions you may be thinking of making.

LegalMatch is a free and easy way to find a child custody lawyer in your area of Florida who can help you resolve any questions or concerns you may have about your custody or visitation issue. All you need to do is submit your concern on the LegalMatch website in as little as 15 minutes, and within around 24 hours, you will get responses from member attorneys near you who can help.