If you share parenting rights with your co-parent, you likely have a custody order that was handed down by the court in your divorce, When looking at physical custody, this details where your child will live at certain times.
If you violate this custody order, you can be held in contempt of court. This could trigger legal action. For instance, repeatedly violating the order could lead to the loss of custody rights. So are there any situations in which violating this order is permissible?
Safety issues
As a general rule, you should almost never violate a child custody order. You must adhere to it when possible. The one main exception to this is if there is a legitimate safety issue.
For instance, maybe you are worried that the child is being abused by the other parent. Perhaps that parent has an unsafe living situation. Another issue could be if they struggle with drug and alcohol use. If the other parent is intoxicated when they come to pick the child up, you don’t have to let your child get in the car with them.
But outside of safety issues or parental abduction concerns, you should adhere to the order. If you have these concerns and violate the order as a result, you should make them known to the court.
Minor conflicts between parents are not a reason to violate it. Even if the other parent refuses to pay child support, for example, you still can’t violate the custody order as a way to force them to pay.
Disputes over both physical and legal custody — not to mention child support — are common after divorce. If you find yourself in this position, be sure you have experienced legal guidance.