Custody Order - What Happens if a Parent Breaks It

Child custody agreements are legally binding documents. They outline how parents share the responsibilities of raising their children after separation or divorce. But when one parent violates a custody order, it can lead to emotional distress, confusion, and potential legal consequences.

You must understand your options if your co-parent is breaking a custody order. You can work with a custody lawyer near you to protect your rights and, most importantly, your child's well-being.

Our family law firm serves clients in Bucks, Montgomery, and Delaware County, PA.

Our custody lawyers can provide guidance and potentially file a contempt order to address the violation.

An Overview of Custody Agreements

A custody agreement is a court-approved arrangement presenting a parenting plan. It outlines each parent's specific rights and responsibilities regarding their child's care. These agreements typically cover two main aspects:

  • Legal Custody: The right to make important decisions about the child's upbringing, such as education, healthcare, and religious instruction.
  • Physical Custody: This involves the actual physical care and supervision of the child. Typically, it involves a detailed schedule that specifies when the child will be with each parent.

Custody agreements aim to provide stability and structure for the child and ensure that both parents maintain a meaningful relationship with them. Once signed by a judge and filed with the court, that agreement becomes a custody order.

Steps to Take If a Spouse Violates a Child Custody Order

If your co-parent violates the custody order, it's essential to take prompt and appropriate action. Here's what you should do:

  1. Document the Violation: Keep a detailed record of the violation, including dates, times, and descriptions of what occurred. The record can include missed visitations, late pick-ups, or unauthorized changes to the custody schedule. Communication records, such as text messages or emails, can also be valuable evidence.
  2. Communicate: Sometimes, violations occur through misunderstandings or miscommunications. Before taking legal action, try calmly addressing the issue with your spouse. You might resolve the issue amicably without court proceedings.
  3. Custody Agreement: Make sure you fully understand the terms of your custody agreement. Sometimes, the agreement may not explicitly cover what appears to be a violation. As a result, you may need to revise the agreement if it is unclear or outdated.
  4. Legal Advice: If the violation persists, consult a child custody lawyer who can provide guidance based on Pennsylvania laws on custody.
  5. Mediation: In some cases, alternative dispute resolution can be a less adversarial way to resolve issues. With arbitration and mediation, a neutral third party can help both parents reach a compromise.

Pennsylvania courts may require parents to attempt mediation before proceeding to litigation, depending on the county and specific circumstances.
If these steps don't solve the issue, you may need to take legal action by filing for contempt of court.
How to File a Contempt of Court Custody Order
If your co-parent continues violating a custody court order, you may need to file a contempt petition for the court to enforce the order. This legal action asserts that your spouse has willfully disobeyed the court's custody order.
Not all violations result in a finding of contempt. The court evaluates the nature of the violation and its impact on the child and other parent.
Here's how to proceed with filing a contempt motion:
1. File a Motion for Contempt: You must file the motion with the court that issued the original custody order. This motion should detail how your spouse violated the order and provide evidence to support your claims. A family law attorney can help guide you with your filing.
2. Serve the Motion: You must formally serve your spouse with the motion, notifying them of the contempt proceedings. This crucial step ensures your spouse is aware of the legal action.
3. Attend the Hearing: The court schedules a hearing after filing and serving the motion. Both parties will have the opportunity to present their case. During the hearing, the judge will determine if your spouse is in contempt and what consequences they may face.
4. Follow the Court's Decision: If the court finds the co-parent in contempt, they may face penalties. Those penalties can include fines, community service, or even jail time in severe cases. Additionally, the court may modify the custody order to prevent further violations.
Can a Parent Legally Deny Custody or Visitation in PA?
In Pennsylvania, a parent cannot unilaterally deny custody or visitation unless a court order authorizes such actions. If one parent thinks the other is not fit or safe, they must go to court for a custody change.
However, there are exceptions in emergencies where the child's safety is at risk. In emergencies where the child's immediate safety is at risk, a parent may act to protect the child. However, a court order must be sought to address the issue legally as soon as possible.
The parent should contact law enforcement or child protective services in such cases. The court can then issue an order addressing the situation.
Common Violations of Custody Orders
Violations of custody orders can take many forms. Some of the most common include:
• Refusing to return the child after visitation.
• Consistently being late for pick-ups or drop-offs.
• Unilaterally changing the visitation schedule without the other parent's consent.
• Taking the child out of state or country without permission.
• Failing to notify the other parent of significant decisions affecting the child's welfare.
These actions can disrupt the child's routine and create tension between parents, so courts take violations seriously.
Penalties for Breaking a Custody Order in Pennsylvania
Violating a custody order in Pennsylvania can lead to significant legal consequences. Depending on the severity and frequency of the violations, penalties may include:
• Fines: The court may impose monetary penalties on the violating parent.
• Custody Modifications: The court may adjust the custody arrangement if a parent repeatedly violates the agreement.
• Compensatory Visitation: The court may grant additional visitation time to the non-offending parent.
• Contempt of Court: As mentioned earlier, a parent in contempt of court may face additional penalties. They can include community service, jail time, or suspension of driving privileges.
Courts prefer solutions that maintain the parent-child relationship. Jail time is uncommon unless the parent's actions are egregious or they repeatedly ignore court orders.
Modifying a Custody Agreement
Custody agreements are fluid. However, modifications are not automatic and require a significant change in circumstances that impact the child's welfare, such as a parent's relocation or a change in the child's needs.
To modify a custody agreement in Pennsylvania, you must file a petition with the court. The court will review if the change is best for the child. Working with a custody lawyer near you during this process is advisable. They can ensure that the modification request is appropriate and supported by evidence.
Talk to a Custody Lawyer Near You
If your spouse refuses to follow a custody court order, act immediately. You must look out for your child's interests, not to mention your own.
Our family law firm has offices in Doylestown, Norristown, and Wayne, PA. Our experienced custody lawyers can offer guidance and file a contempt motion to help remedy your concerns.
The Best Lawyers in America© 2025 includes several High Swartz family lawyers. So you know you'll be in good hands.

High Swartz Client Spotlight: Timothy M. Block, PhD Publishes BioTech Incubator Guidebook

Timothy M. Block, PhD, President of Hepatitis B Foundation and its Baruch S. Blumberg Institute has recently published a new book. High Swartz LLP managing partner Joel D. Rosen is also a member of the executive committee.

It's well known that southeastern Pennsylvania is a hub for life science, medical, and biotechnology startups, some of the fastest growing fields in this industry. Block's new book, "Curing Disease from the Ground Up: How to Operate a Biotechnology Business Incubator" is a practical guide for anyone interested in the intricate world of biotech incubators, and how to run them efficiently.

The book draws from Dr. Block's extensive experience, particularly as the co-founder of the Hepatitis B Foundation and the Pennsylvania Biotechnology Center (PABC), a highly successful biotech incubator. The PABC, established in 2006, has not only supported groundbreaking research in the quest to cure hepatitis B but has also become a significant economic driver in Pennsylvania, generating thousands of jobs and billions of dollars in economic impact. This incubator's unique model, which fosters collaboration between nonprofit research organizations and biotech startups, has led to the discovery of new drugs, FDA approvals, and multiple multimillion-dollar IPOs.

In "Curing Disease from the Ground Up," Dr. Block provides a detailed, step-by-step guide to launching and managing a successful life science and biotechnology business incubator. The book covers everything from developing a mission-focused framework to managing the practical aspects of a scalable research nonprofit. It also offers insights into identifying ideal tenant partners and planning for the infrastructure needs of a large research facility.

As of 2023, there are over 1,100 business incubators in the United States and more than 5,000 worldwide, making this book a timely resource for those looking to enter this rapidly growing industry. Whether you're a researcher, entrepreneur, or investor, Dr. Block's first-hand account offers invaluable lessons on how to replicate the success of the PABC and leverage a business incubator to drive scientific innovation and economic growth.

About Timothy M. Block, PhD

An internationally recognized leader in virology and drug discovery, Dr. Block has over 30 years of experience in hepatitis B virus (HBV) and liver cancer research. He co-founded the Hepatitis B Foundation (HBF), which established the Baruch S. Blumberg Institute in 2003 to advance its research mission. In 2006, Dr. Block co-founded the Pennsylvania Biotechnology Center, a highly successful accelerator for startup companies, now collectively valued at over $1.5 billion. He also co-founded Merlin Biotech and Synergy Pharmaceuticals.

Dr. Block's academic career includes tenured faculty positions at Thomas Jefferson University Medical College (1984-2005) and Drexel University College of Medicine (2005-2015). He currently serves as an Adjunct Professor at the University of Pennsylvania and Geisinger.

Dr. Block has authored over 290 scholarly papers, holds 18 patents, and has received numerous national honors, including election as a Fellow of the American Association for the Advancement of Science and the Glycobiology Institute of the University of Oxford. He is also an elected member of the U.S. National Academy of Inventors and was named a “Visionary in Hepatitis” by the World Hepatitis Alliance in 2017. Dr. Block's work in HBV research has led to the development of antivirals that have progressed to clinical trials, further solidifying his reputation as a pioneer in the field.

 

Dr. Timothy M. Block Curing Disease from the Ground Up: How to Operate a Biotechnology Business Incubator

Purchase the book on Amazon: Curing Disease from the Ground Up: How to Operate a Biotechnology Business Incubator

 

 

15 High Swartz LLP Lawyers Recognized by Best Lawyers in America® for 2025

The Best Lawyers in America© 2025 edition includes 12 High Swartz Attorneys and 3 in its Ones to Watch edition.

High Swartz is pleased to announce that The Best Lawyers in America© Edition includes 15 attorneys in 2025. 

At the top of the list is Lawyer of the Year nods for both Mary Cushing Doherty for Family Law Mediation and Gilbert P. High, Jr. for Land Use and Zoning Litigation and Municipal Law.

The Best Lawyers in America©: Ones to Watch 2025 edition now includes Caitlyn Foley of our Norristown office for family law. This category highlights lawyers who have been in private practice for 5-9 years. Lawyers in practice for 10+ years are then eligible for The Best Lawyers in America Edition.

High Swartz Attorneys recognized in The Best Lawyers in America© 2025:

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The Best Lawyers in America: Ones to Watch (2025 Edition)

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers recognitions are compiled based on an exhaustive Purely Peer Review® evaluation. More than 123,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 20 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world.

For the 2025 edition of The Best Lawyers in America®, more than 13.7 million votes were analyzed, which resulted in more than 76,000 leading lawyers included in the milestone 30th edition.

And in the 2025 edition of Best Lawyers: Ones to Watch® in America, more than 2.4 million votes were analyzed, which resulted in more than 25,000 lawyers honored in the new edition.

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