Penalty for Violating Custody or Visitation Agreement in Virginia

Adherence to court-ordered custody and visitation arrangements is crucial in Virginia. If you or your child’s other parent do not follow your order for child custody or visitation in Virginia, then there will be legal consequences. The most common consequence is being found in contempt of court, which is a serious legal matter.

When a parent is held in contempt of court for violating a custody order, the consequences can vary but may include fines, jail time, and modifications to the existing custody arrangements. The court may also order make-up visitation time for the parent who was wronged.

Additional consequences for not following a court order for custody or visitation include:

• Enforcement Actions: The other parent can file a violation petition in the original Family Court, asking the court to enforce the order, which may result in sanctions or penalties for non-compliance
• Modification of Custody Orders: If custody or visitation violations continue, the court may modify the custody order to better reflect the child’s best interest standard, such as by restricting the violating parent’s custody or visitation time.
• Police Involvement: In severe cases, like parental kidnapping, the police can be contacted to enforce the order and return the child

It is important to note that the punishments for violating a court order for custody or visitation in Virginia are addressed under § 20-124.2 and § 18.2-49.1 of the Code of Virginia. That code outlines the potential consequences for violations, including contempt of court, fines, and even jail time in severe cases.

In Virginia, the law that provides for the modification of child custody or visitation orders when one party fails to comply with the existing order is Virginia Code § 20-108. That section allows for modifications when there has been a material change in circumstances, and it is in the best interest of the child to modify the order.

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

If there has been a visitation or custody court order violation, then there are many different options available to you. If you believe that your child custody or visitation order has been violated in Virginia, then you should take the following steps:

• Document the Violation: First, you should always keep a detailed record of any incidents where the order was violated, including dates, times, and any witnesses
• Contact Your Attorney: It is recommended that you reach out to your attorney for legal advice and to discuss your best course of legal action
• File a Motion for Contempt: You can then file a motion for contempt in the court that issued the original custody order, which asks the court to enforce the order and address the violation
• Request Enforcement Actions: The court may then impose sanctions or penalties on the violating parent, such as fines or grant you make-up visitation time
• Seek Modification of the Order: If the custody order violations continue, you can then petition the court to modify the custody or visitation order to better reflect the child’s best interests based on evidence of such violations
• Court Hearing: You may then attend a court hearing where you can present evidence of the custody violations
  • The judge will listen to both parties and make a determination based on the best interests of the child

How Can I Avoid a Child Custody or Visitation Dispute?

It is important to understand how child custody decisions in Virginia are made in order to avoid any disputes. As a legal term, child custody refers to the legal and practical relationship between a child and their divorced parent or legal custodian.

Once again, in Virginia, child custody is governed by Virginia Code § 20-124.1 to § 20-124.6. As a parent, if you have custodial rights over a child, that grants you the legal right to make important decisions regarding your child’s upbringing, including:

• The right to make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational choices
• The right to make religious decisions regarding what religion to raise your child in, if any
• The right to make legal decisions on behalf of your child, such as whether or not to enter into certain legal contracts on behalf of your child or represent your child in a lawsuit
• The right to make medical decisions for their child, such as whether or not your child should undergo invasive and noninvasive procedures
• The right to make decisions regarding the psychiatric treatment for your child

In Virginia, the order that outlines your child custody and visitation rights is called a Custody and Visitation Order. That order will be issued by the court and details the specific arrangements for both physical custody (i.e., where the child lives) and legal custody (i.e., decision-making authority). The Order will also outline the visitation schedule for the non-custodial parent.

Once again, if you violate that Order, then you may face the consequences outlined above. In order to avoid violating your custody order, you should be sure to thoroughly read your order. Doing so will ensure that you do not violate the Order and end up in a child custody or visitation dispute.

Other than thoroughly understanding your custody order, other ways to avoid any disputes include:

• Maintain Open Communication: It is important to keep lines of communication open with the other parent, and be clear and respectful in your communication, as that can help prevent misunderstandings and conflicts
• Be Flexible and Cooperative: Being flexible and accommodating reasonable requests from the other parent
  • Additionally, working together to find solutions that are in the best interest of your child will also lead to less disputes
• Document Everything: Once again, keeping a detailed record of all interactions and agreements related to custody and visitation, as such documentation can be helpful if any issues arise
• Stick to the Schedule: It is important to adhere to the agreed-upon schedule as closely as possible
  • If changes are necessary, you should communicate such changes in advance and get the other parent’s agreement
• Seek Mediation: If any conflicts arise, you should consider seeking the help of a mediator to resolve disputes amicably without going to court
• Prioritize Your Child’s Needs: You should always prioritize your child’s best interests and well-being above any personal grievances or conflicts with the other parent
• Seek Legal Advice: Finally, consulting with a local attorney in Virginia can help you to understand your legal rights and options if there is an ongoing dispute

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

If you are in a situation where you are having issues with your custody or visitation order, then it is in your best interests to immediately consult with an experienced Virginia child custody lawyer. LegalMatch can assist you with locating and setting up a legal consultation with an experienced child custody attorney in your area.

An attorney can help you understand Virginia’s specific laws regarding child custody and visitation orders, including how to navigate any disputes regarding your custody or visitation order. An attorney will also ensure that your parental rights are protected throughout any legal proceeding.

They can help you navigate legal disputes with negotiation with the other party or attempting alternative dispute resolution. If those methods do not work, they can file the appropriate documents to resolve the dispute in a court of law. Finally, a custody lawyer can represent you at any in person court proceeding.