Penalty for Violating Custody or Visitation Agreement in Michigan

Court orders for custody or visitation in the State of Michigan, as in other states, are legal arrangements that are ordered by a court. These types of orders usually provide a non-custodial parent the right to visit their child or to have the child temporarily stay with them.

A violation of a visitation or custody court order may have serious legal consequences, such as contempt of court for the individual who violated the order. In addition, if a child’s parent violates a visitation or custody order, they may face criminal penalties, including criminal fines or jail time.

These types of punishments commonly arise in cases when a parent has repeatedly engaged in visitation or custody court order violations. One of the most significant consequences parents may face when they violate visitation or custody orders is losing their parental rights.

For example, when a parent violates an order, they may have their custody rights reduced or lose their child custody rights. For more information on what may happen when a child visitation or custody order is violated in Michigan, an individual should have a legal consultation with a local attorney in Michigan.

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

There are many different ways that child visitation and custody orders can be violated in Michigan. These may also vary depending on each unique order and its requirements.

A court may consider conduct that is not specifically allowed under the order to be a violation. Examples of situations or conduct that are commonly considered violations may include, but may not be limited to:

• Trying to alter the schedule of visitation without court approval: Attempting to change a court order outside of court may be considered a violation of the order.
• Taking visitations that are too long: If the order outlines specific visitation times, not returning the child at the time required may be a violation.
• Trying to visit or contact the child outside the terms of the order: If the order gives specific terms for visitation or contact, trying to do either outside of those times may violate the order.
• Not dropping off or picking up the child as ordered: If the order lists a specific time or place to exchange a child, failure to follow those requirements may be considered a violation.
• Not permitting a parent to have visitation rights as outlined in the order: If an order provides that a non-custodial parent can visit the child for a specific time period and the custodial parent does not allow those visits without a valid reason, it can be a violation of the order.
• Permitting an unauthorized individual to pick up the child: If an order requires a non-custodial parent or another specific individual be the one to pick up a child and another individual is allowed to do so, it may be a violation.

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

If a child custody or visitation order is violated, a Michigan court will take the issue seriously. If a violation happens, a parent should not try to handle the issue alone and should contact the proper authorities.

This may include law enforcement or the court, especially when a child is gone for a long period of time or appears to be missing. The parent who is not violating the order should tell their attorney and the court about any violation as soon as they realize it occurs.

Non-custodial parents should know that custodial parents will not be able to use mistakes or slight deviations against them. For example, if the order provides that they are to return their child at 6:00 p.m. and they arrive five minutes late, this will not likely be deemed a violation of the order.

How Can I Avoid a Child Custody or Visitation Dispute?

Even though a Michigan child visitation or custody dispute may be serious, there are certain steps that a parent can take to avoid a dispute arising. The most important step parents can take is to make sure their visitation or custody agreement is in writing and is approved by the court or that the court has issued a legally enforceable order.

In some situations, just having a legally enforceable order will prevent violations from happening. However, if a dispute arises involving the terms of the visitation or custody order, a parent can request a modification.

This may help prevent situations in which parents try to adjust or review the agreement themselves or act outside of the terms of the order. Any changes to the terms of a court order need to be approved by the court before they are implemented.

If a child’s parent does not ask for a modification when needed, it can negatively affect their child, as it may result in a confusing or hostile situation between the parents. In certain situations, it may result in a child being in a dangerous situation.

When changes are properly made through the court system, however, the court will be able to make sure that the child’s best interests are protected while handling the parent’s request.

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

There are many different reasons parents may seek changes or revisions in their custody or visitation order, which may include:

• Changes in a parent’s work schedule
• A parent need to move
• Safety concerns
• A parent not informing the other where the child is
• A parent having medical issues
• The child having a medical issue
• A change in the school schedule
• Taking the child out of the state
  • This may also lead to federal legal issues
• Failing to obtain approval prior to taking the child on a long trip

If a parent has an issue that they believe may require a modification of their Michigan visitation or custody order, they should not try to change it without approval from the court. An individual’s attorney can file a request on their behalf, and the court will determine whether to make a modification of the child custody or visitation as they do other child custody decisions by following the child’s best interest standard.

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

If a Michigan parent has a child visitation or custody order question or dispute, they should reach out to a Michigan child custody lawyer. These disputes can have lasting consequences for both the parents and child involved.

A child custody attorney can assist parents by filing a modification petition with the proper court on their behalf. If you and the child’s other parent agree on the changes that need to be made, your attorney can submit an agreement to the court to be approved.

If you are considering multiple options, your lawyer can give you guidance on the Michigan laws that may apply in addition to the consequences of those choices. It is free and easy to use LegalMatch’s attorney matching services in as little as 15 minutes by submitting your Michigan child custody concern on the website.

Once you have submitted your concern, you will receive messages in about 24 hours from lawyers in Michigan who are pre-screened, licensed, and handle cases in the area of law you need. These attorney messages include information on the attorney’s education and background, the fees they typically charge, and previous client reviews.