In short, failing to comply with court-ordered custody and visitation orders in Maryland can result in legal consequences. Therefore, it is crucial to always adhere to these orders. If either you or your child’s other parent does not follow the court order, several consequences may arise.
The most common consequence is being found in contempt of court, which is a serious legal matter. Consequences for being held in contempt can include fines, jail time, or modifications to the existing custody order. Additionally, the parent who did not violate the order may be granted make-up time.
Additional legal consequences for not following a court order for custody or visitation in Maryland include:
- Loss of Visitation Rights: The court may temporarily or permanently reduce or eliminate the violating parent’s visitation rights
- Supervised Visitation: The court may require that visits with the child be supervised by another adult or a professional supervisor
- Payment of Attorney Fees: The violating parent may be ordered to pay the legal fees of the other parent
- Community Service: The court may require the violating parent to complete community service hours
- Bond Posting: The court may require the violating parent to post a bond as a financial guarantee for future compliance with the custody order
- Modification of Previous Orders: The court may issue additional orders that support the best interests of the child or children involved, such as modifying the existing order
- Police Involvement: In severe cases, such as parental kidnapping or repeated violations, the police can be contacted to enforce the order and return the child or even take the offender to jail
It is important to note that the punishments for violating a court order for custody or visitation in Maryland are addressed under Maryland Family Law Code Section 9-105. That statute outlines the consequences for unjustifiably denying or interfering with visitation granted by a custody or visitation order.
In Maryland, the law that provides for the modification of child custody or visitation orders when one party fails to comply with the existing order is Maryland Family Law Code Section 9-103. That statute allows for modifications to custody and visitation arrangements based on a material change in circumstances and the best interests of the child.
What Can You Do if Your Child Custody or Visitation Order Was Violated?
If there has been a visitation or custody court order violation by the other parent in Maryland, there are several legal options available to you. If you believe your child custody or visitation order has been violated, you should take the following steps:
- Document the Violation: Keep a detailed record of each instance of the violation, including dates, times, and specific details of what occurred
- Communicate with the Other Parent: Attempt to resolve the issue by communicating with the other parent
- Sometimes, misunderstandings can be resolved through discussion with the other party
- Seek Legal Advice: Consult with a family law attorney to understand your rights and the best course of action
- File a Motion for Contempt: If the violations continue, your attorney can help you file a motion for contempt of court
- A contempt action requests that the court enforce the existing custody or visitation order and hold the violating parent accountable
- Request a Custody or Visitation Modification: If the violations are severe or ongoing, you may request a modification of the custody or visitation order to better protect your child’s interests
How Can I Avoid a Child Custody or Visitation Dispute?
Understanding how child custody decisions are made in Maryland is crucial for preventing future disputes or resolving current conflicts. Child custody, as a legal term, refers to the legal and practical relationship between a child and their divorced parent or legal guardian.
Once again, in Maryland, child custody is governed by Maryland Family Law Article, Title 9. That statute provides the legal framework for determining and modifying child custody arrangements, ensuring that decisions are made in the best interests of the child. That statute also outlines the legal decisions a parent with custody can make regarding their child’s upbringing, including:
- Educational Choices: The custodial parent has the authority to make significant decisions about the child’s education, such as selecting the child’s school, determining their courses and extracurricular activities, and guiding their overall educational path.
- Medical Care: The custodial parent is responsible for making important decisions about the child’s healthcare, including selecting healthcare providers, authorizing medical treatments and procedures, and managing the child’s overall health and well-being
- Religious Upbringing: The custodial parent has the authority to decide on the child’s religious upbringing, including determining the child’s participation in religious activities, education, and observances
- Legal Matters: The custodial parent acts on behalf of the child in legal matters, which may include signing contracts, managing legal affairs, and representing the child in legal proceedings
In Maryland, the document that specifies your child custody and visitation rights is known as a Child Custody and Visitation Order. This order outlines both physical custody (i.e., the child’s living arrangements) and legal custody (i.e., who is responsible for making significant decisions for the child). It also details the visitation schedule for the non-custodial parent.
To reiterate, if a parent violates their custody or visitation order in Maryland, they may encounter various legal consequences. To avoid this, it is crucial to thoroughly read and understand your order. This will help ensure compliance and prevent any potential custody or visitation disputes.
Other than thoroughly understanding your order, other ways to avoid any disputes regarding your custody order in Maryland include:
- Open Communication: Maintaining open and respectful communication with the other parent to address any concerns or changes that may arise.
- Stick to the Schedule: Adhering to the custody and visitation schedule as closely as possible, and notify the other parent promptly if any changes are necessary
- Keep Records: Documenting all interactions, including visitation exchanges and communications with the other parent, to have a clear record in case of any disagreements
- Be Flexible: While it’s important to follow the order, being flexible and accommodating reasonable requests from the other parent can help foster a cooperative relationship
- Use Mediation: If disagreements occur, consider using mediation services to resolve conflicts amicably without going to court
- Seek Legal Advice: Finally, consulting with a local attorney in Maryland can help you to understand your legal rights and options if there is an ongoing dispute that needs court intervention
Should I Get a Family Law Attorney To Help With My Child Custody or Visitation Dispute?
If you are dealing with a situation where one party is violating a custody or visitation order, it is in your best interest to consult an experienced Maryland child custody lawyer immediately. LegalMatch can help you find and set up a legal consultation with a qualified child custody attorney in your area.
An attorney can assist you in understanding Maryland’s specific laws regarding child custody and visitation orders and help you navigate any disputes regarding your parenting plan. They will ensure that your parental rights are protected throughout any legal proceedings, if the dispute requires legal action.
Additionally, they can help you manage legal disputes through negotiation with the other party or represent you in alternative dispute resolution methods, such as mediation. If these approaches are unsuccessful, the attorney can also file the necessary documents to resolve your custody or visitation dispute in court. Finally, a custody lawyer can represent you in any in-person court proceedings.
Jose Rivera
Managing Editor
Editor
Last Updated: Feb 7, 2025
