Penalty for Violating Custody or Visitation Agreement in South Carolina

If you don’t follow a court order for custody or visitation in South Carolina, it can lead to significant legal repercussions. As such, it’s crucial to adhere to these orders. If either you or your child’s other parent does not follow the court order, there may be both civil and criminal consequences.

One of the most common consequences is being found in contempt of court, which is a serious legal issue. Being held in contempt of court can result in fines, jail time, or changes to the existing custody order. Moreover, the parent who adhered to the order may be granted additional visitation time to makeup for lost time with the child.

Other potential legal consequences for a visitation or custody court order violation in South Carolina include:

• Loss of Visitation Rights: The court may temporarily or permanently reduce or eliminate the violating parent’s visitation rights
• Supervised Visitation: Visits with the child may need to be supervised by another adult or a professional supervisor
• Payment of Attorney Fees: The violating parent could be ordered to cover the other parent’s legal fees
• Community Service: The court may require the violating parent to complete community service hours
• Bond Posting: The violating parent may need 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 child’s best interests, such as modifying the existing order
• Police Involvement: In severe cases, such as parental kidnapping or repeated violations, the police can enforce the order and return the child or even detain the offender

Regarding specific punishments for violating custody or visitation orders in South Carolina, the relevant laws are outlined in South Carolina Code of Laws Title 63, Chapter 15. That statute details the consequences for unjustifiably denying or interfering with visitation granted by a court order.

As mentioned, the law also allows for the modification of child custody or visitation orders when one party fails to comply with the existing order, as specified in South Carolina Code of Laws Title 63, Chapter 15. This statute permits modifications based on a material change in circumstances and the child’s best interest standard.

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

When the other parent breaches a visitation or custody court order in South Carolina, you have several different legal options available to you. If your child custody or visitation order has been violated, you should generally take these steps:

• Record the Violation: It is important to maintain a comprehensive record of each incident, including dates, times, and specifics
  • This documentation will be essential to substantiate the violation in court
• Talk to the Other Parent: Attempt to resolve the issue through communication, as sometimes misunderstandings can sometimes be settled by having a conversation
• Seek Legal Counsel: Consult a family law attorney to understand your parental rights and explore the best legal course of action
• File for Contempt of Court: If the violations persist, your attorney can help you file a motion for contempt of court, requesting the court to enforce the existing custody or visitation order and hold the violating parent accountable
• Request a Modification of Custody or Visitation: If there are severe or ongoing violations, you may seek a modification of the custody or visitation order to better safeguard your child’s interests

In South Carolina, custody and visitation violations are addressed under South Carolina Code of Laws Title 63, Chapter 15. Once again, that statute outlines the steps to enforce or modify custody and visitation orders, ensuring the child’s best interests are prioritized.

How Can I Avoid a Child Custody or Visitation Dispute?

Understanding how child custody decisions in South Carolina are made and following those orders closely is key to avoiding disputes and resolving any conflicts that arise. Child custody refers to the legal and practical relationship between a child and their divorced parent or legal guardian.

In South Carolina, child custody is governed by the laws outlined in South Carolina Code of Laws Title 63, Chapter 15. That statute guides the court in determination and modification of child custody arrangements, with all decisions being made according to the child’s best interests.

The statute also details the decisions a custodial parent can make concerning their child’s upbringing, including:

• Education: The custodial parent has the authority to make significant decisions about the child’s education, such as selecting schools, courses, extracurricular activities, and overall educational direction
• Healthcare: The custodial parent is responsible for key decisions about the child’s healthcare, including choosing healthcare providers, authorizing treatments, and managing the child’s overall health and wellness
• Religious Upbringing: The custodial parent can decide on the child’s religious upbringing, including participation in religious activities, education, and observances
• Legal Matters: The custodial parent represents the child in legal matters, such as signing contracts, managing legal affairs, and representing the child in legal proceedings

In South Carolina, the document specifying your child custody and visitation rights is known as a Parenting Plan. That plan outlines physical custody, such as the child’s living arrangements, and legal custody (i.e., who makes significant decisions for the child). It also includes the visitation schedule for the non-custodial parent.

Violating a custody or visitation order in South Carolina can lead to various legal consequences. To avoid this, it’s crucial to thoroughly read and understand your order, ensuring compliance and preventing potential disputes.

Here are some ways to avoid disputes regarding your custody order in South Carolina:

• Keep Communication Open: You should maintain open and respectful communication with the other parent to address any concerns or changes
• Stick to the Schedule: You should also adhere closely to the custody and visitation schedule, and promptly inform the other parent if any changes are necessary
• Keep Detailed Records: It’s important to document all interactions, including visitation exchanges and communications, to maintain a clear record in case of disagreements
• Stay Flexible: While following the order is important, being flexible and accommodating reasonable requests from the other parent can help foster cooperation
• Consider Mediation: If disagreements arise, you should consider using mediation services to resolve conflicts amicably without going to court
• Consult a Lawyer: Finally, it is recommended to seek advice from a local attorney in South Carolina to understand your legal rights and options if an ongoing dispute requires court intervention to resolve the domestic dispute

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

If you’re facing a situation where one party is violating a custody or visitation order, it’s highly advisable to consult an experienced South Carolina child custody lawyer as soon as possible. LegalMatch can help you find and set up a legal consultation with an attorney near you.

A lawyer can help you understand South Carolina’s specific laws regarding child custody and visitation orders. If you choose to hire an attorney, they can then guide you through any disputes related to your parenting plan. They will also ensure that your parental rights are protected throughout any legal proceedings that may arise from your dispute.

Additionally, an attorney can also assist you in managing domestic disputes by negotiating with the other party or representing you in alternative dispute resolution methods, such as mediation. If negotiations fail, the lawyer can file the necessary legal documents to resolve your custody or visitation dispute in court. Lastly, a custody attorney can represent you during any in-person court proceedings.