Penalty for Violating Custody or Visitation Agreement in Massachusetts

In the State of Massachusetts, as in other states, court orders for custody or visitation are legal orders issued by a court. They usually provide non-custodial parents with the rights to visitation with their child or to have their child stay with them on a temporary basis.

When an individual does not follow a court order for visitation for child custody, they can face serious legal consequences, including contempt of court. Additionally, when the parent of a child violates a custody or visitation order, they can also face criminal penalties, such as jail time or criminal fines.

Harsher punishments are often imposed in cases when a parent repeatedly engages in a visitation or custody court order violation. One major consequence that a parent may face if they violate a visitation or custody order is they may lose their parental rights.

For example, when an individual violates this type of order, they can have their custody rights reduced or may even lose their child custody rights all together. To find out more information on what may occur when an order is violated in Massachusetts, it is important for an individual to have a legal consultation with a local attorney in Massachusetts.

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

It can be helpful for an individual to understand what may constitute a child custody or visitation order both to avoid the issue as well as be able to recognize when it occurs. What constitutes a violation may also vary depending on the order itself and its terms.

Courts can consider behaviors that are not specifically permitted in the order to be a violation. Situations or conduct that are commonly considered violations may include:

• Altering the visitation schedule without court approval: Trying to change a court order outside of court may be considered a violation of the order.
• Taking visitations that are too long in duration: If an order provides specific visitation times, not returning a child at the time required may be considered a violation.
• Trying to visit or contact a child outside of the terms of the visitation or custody order: If the order provides specific terms for visitation or contact, trying to do so outside of those times may be a violation of the order.
• Not dropping off or picking up a child as outlined in the order: If an order provides a specific time or place to drop off or pick up a child, failing to follow the requirements may be considered a violation.
• Not allowing a parent to have visitation rights as stated in the order: When the order provides that the non-custodial parent can have visitation with the child for a specific time period and the custodial parent does not permit those visits without a valid reason, it can be considered a violation of the order.
• Allowing an unauthorized individual to pick up a child: If the order lists a non-custodial parent or another specific individual has to be the one who picks up the child and another individual does so, it may be a violation.

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

When a Massachusetts child custody or visitation order is violated, the court will take the issue very seriously. When a violation occurs, it is important for a parent not to try and handle it alone and to contact the proper authorities.

The proper authorities may include the court or law enforcement, especially in situations when the child is gone for a long period of time or appears to be missing. When a parent becomes aware that the other parent is violating the order, they should notify their lawyer and the court as soon as possible.

A non-custodial parent, however, can rest assured that the child’s custodial parent will not be able to use slight deviations or mistakes against them. For example, when an order states that the child is supposed to be returned at 4:00 p.m. and the non-custodial parent arrives a few minutes late, it will not likely be considered a violation of the order.

How Can I Avoid a Child Custody or Visitation Dispute?

Although a Massachusetts visitation or custody dispute can be a serious issue, there are steps that parents can take to avoid disputes. One of the most important things they can do is ensure that the visitation or custody agreement is in writing and is issued or approved by a court.

Sometimes, simply having the order in a legally enforceable format will help prevent violations. If issues do arise or a dispute occurs, a parent can ask for a modification.

Requesting a modification through the court will help prevent a situation where a parent tries to change the agreement on their own or to act outside the terms in the order. Any changes parents want to make to the terms of an order should be approved by the court before they are followed.

When a parent does not request a modification when it is needed, it can have a negative impact on the child because it may cause a confusing or hostile situation for the parents. Sometimes, this may also result in the child being placed in a dangerous situation.

When a change is made through the court system, the court can ensure that the child’s best interests are protected while making a decision about the parent’s request.

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

A parent may want or need to seek a revision of their custody or visitation order for numerous reasons, including, but not limited to:

• Changes in a parent’s work schedule
• The child has a medical issue
• A parent need to move
• A change in the child’s school schedule
• Safety concerns
• A parent not letting the other parent know where the child is
• A parent has a medical issue
• One parent takes the child outside of the state
• Failure to get approval prior to taking the child on a long trip

When a parent has a concern or issue that they think requires a modification of their custody or visitation order, it is important that they do not attempt to make changes without getting court approval. A parent’s attorney can file a request and the court will decide whether to make a modification of the child custody or visitation similar to child custody decisions by using the child’s best interest standard.

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

When a parent in Massachusetts has a question or issue with their child visitation or custody order, it is important to consult with a Massachusetts child custody lawyer. These types of issues can affect the children involved as well as their parents.

A custody lawyer can give you advice on the Massachusetts laws that will apply to your situation as well as the consequences of your choices. You can quickly and easily use LegalMatch in as little as 15 minutes to submit your concern on the website and find lawyers near you.

In about 24 hours after you submit your question, you will get responses from licensed Massachusetts attorneys near you who can help. These messages will include fee information, information on their background and education, and client reviews.