Divorce or separation can be a challenging time for the whole family. When children are involved, the custody agreement outlines where the children will live and who will make decisions for them. But what happens if one parent decides to break the custody agreement?
Breaking a custody agreement is a serious issue and can lead to legal consequences. The first step is to understand the terms of the custody agreement. Custody agreements are typically created based on what is in the best interest of the child. The agreement will outline:
1. Physical custody: which parent the child will live with and for how long.
2. Legal custody: which parent will make decisions regarding the child’s health, education, and welfare.
If a parent breaks the custody agreement, it can affect both physical and legal custody as well as visitation rights. Here are some common reasons for breaking a custody agreement:
Non-payment of child support: If a parent fails to pay child support, they may lose legal and physical custody or visitation rights.
Disruption of visitation: If one parent regularly disrupts the other parent’s visitation rights, they may lose custody or visitation rights.
Parental alienation: When one parent tries to turn a child against the other parent, it can lead to legal consequences.
Relocating without permission: If the custodial parent wants to relocate with the child, they must seek permission from the non-custodial parent first. If they fail to do so, they may lose custody or visitation rights.
If a parent breaks the custody agreement, the other parent may file a motion with the family court to enforce the custody agreement. The court may also hold the parent in contempt for violating the custody agreement, which can lead to fines or jail time.
It is important to note that breaking a custody agreement can have a negative impact on the child. Children thrive on routine and stability, and breaking the custody agreement can disrupt their lives. It is important for both parents to work together to find a solution that is in the child`s best interest.
In conclusion, breaking a custody agreement is a serious matter that can have legal consequences. It is important for both parents to adhere to the terms of the agreement in order to provide stability and routine for the child. If a parent has concerns about the custody agreement, they should seek legal advice and work with the other parent to find a solution that is in the best interest of the child.