Penalty for Violating Custody or Visitation Agreement in Wisconsin

A court order for visitation or custody in Wisconsin is a legal order that is issued by a court. These orders typically give non-custodial parents the right to have visitation with their child or to have their child stay with them temporarily.

If someone who is subject to a court order for child custody or visitation does not follow the terms of that order, they may face legal consequences, such as contempt of court. In addition, if a child’s parent violates a child visitation or custody order, they may also face criminal consequences, including jail time or criminal fines.

It is common for an individual to face harsher punishments if they have repeated visitation or custody court order violations. One very impactful consequence that a parent can face when they violate a visitation or custody order is to lose their parental rights.

For example, if an individual violates their order, their child custody rights may be reduced or they may lose their rights altogether. For more information on the consequences of violating a Wisconsin custody or visitation order, an individual should have a legal consultation with a local attorney in Wisconsin.

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

Courts take violations of child custody or visitation orders in Wisconsin very seriously. If a violation does happen, the non-violating parent should not attempt to handle it on their own and should report it to the proper authorities and the court.

It may be necessary to notify law enforcement in situations where a child appears to be missing or is gone for a long period of time. Once a parent discovers that the child’s other parent is in violation of the order, they should notify their attorney and the court as soon as they can.

Non-custodial parents, however, should not worry that they will be punished for mistakes or slight deviations. For example, if a child is supposed to be exchanged at 7:00 p.m. and their non-custodial parent drops them off just a few minutes late, it will not be deemed a violation of the order.

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

In order to both avoid child visitation or custody order violations as well as to understand and recognize them when they do occur, it may be helpful to review some examples. What exactly will be considered a violation of the order can vary depending on the terms of the specific order.

It is also important to be aware that a court may consider conduct that is not specifically permitted under the order to be a violation of the order. Examples of conduct or situations that may be considered a violation of an order can include, but may not be limited to:

• Allowing an unauthorized individual to pick up a child: If the visitation or custody order specifies a non-custodial parent or another specific individual has to be the one who picks up the child, and someone not listed does so, it may be a violation.
• Altering the visitation schedule without court approval: Trying to change a court order by acting outside of the order may be considered a violation of the order.
• Trying to visit or contact a child outside of the terms of the visitation or custody order: If the order outlines specific terms for visiting or contacting the child, trying to do so outside of those times may be considered a violation of the order.
• Taking visitations that are too long in duration: When an order provides specific visitation time periods, not returning a child at the times specified may be considered a violation.
• Not dropping off or picking up a child as outlined in the order: When an order gives a specific time or place to drop off or pick up the child, Not following those requirements can be considered a violation.
• Not allowing a parent to have visitation rights as stated in the order: If an order provides that a non-custodial parent is allowed to have visitation with their child for a specific time period and the child’s custodial parent does not allow them to have those visits without a valid reason, it may be a violation of the order.

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

There can be many different types of reasons that an individual may want or need to revise their child visitation or custody order, such as:

• A parent having a medical issue
• One parent taking the child outside of the state
• Failing to get approval prior to taking the child on a long trip
• A parent needing to relocate
• A change in the child’s school schedule
• Changes in a parent’s work schedule
• The child having a medical issue
• Safety concerns
• A parent not letting the other parent know where their child is

If someone has an issue that they believe may require a modification of their child visitation or custody order, they should not try to make any revisions on their own without obtaining approval from the court. A lawyer can file a request asking the court to determine whether or not to make any modifications of the child custody or visitation.

With any child custody decisions, including modifications of order, the court will follow the child’s best interest standard.

How Can I Avoid a Child Custody or Visitation Dispute?

There are steps that parents in Wisconsin can take to avoid child custody or visitation disputes. One of the best ways to avoid having a dispute arise is to have the child visitation or custody order in writing and approved by the court.

Requesting a modification through the court system is another way disputes can be avoided. This can help the parties avoid an issue with trying to act outside the terms of the order or change its terms on their own.

If the child’s parents do not ask for a modification when they need one, it may negatively impact the child, as it may result in a confusing or hostile situation for the child’s parents. When changes are made to visitation or custody orders by the court, it will help ensure that the child’s best interests are considered along with the parent’s request.

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

If a Wisconsin parent has any type of issue, question, or concern, they should reach out to a Wisconsin child custody lawyer for advice and assistance. The issues in these types of cases may affect the child that is involved as well as the child’s parents and other family members.

A child custody attorney can provide advice about the laws in Wisconsin that will apply to your current issue as well as what the outcome of different actions may be. You can use LegalMatch’s free and easy lawyer matching services to find a custody lawyer in your area.

After you submit your concern, in around 24 hours, you will get messages from pre-screened and licensed Wisconsin lawyers in your area who are ready to help. These responses will include helpful information, such as the attorney’s background and education, fee information, and reviews from the lawyer’s previous clients.