What Happens If My Former Spouse Does Not Comply With a Custody Order in Pennsylvania?
Parenting after a divorce can be difficult, especially if the former spouses cannot agree on how to share and allocate time with their children.
Sometimes, custody orders are needed to ensure each person agrees and follows the procedures for dealing with the kids.
These orders can regulate a variety of things, including visitation with the child.
In Pennsylvania, two of the most common types of legal custody are sole and shared.
Under sole custody, one parent has all legal guardianship of the child and he or she does not have to involve the other parent.
However, with shared custody, both are involved in major decisions and time is divided.
Whenever a court enters a custody order, it can be done so with an agreement of the parents.
However, if they cannot agree, it could be based upon the court's own decision.
No matter the situation, parents must follow that order or they could face consequences imposed by the judge.
Additionally, the orders typically are transferable across state lines and jurisdictions.
This means even if a parent has permission to relocate with the child, he or she still must follow the agreed upon custody order.
If the other parent has custodial rights, he or she still must have time with the child.
If a parent violates an order, the other parent could file a petition for contempt of a custody order.
In Pennsylvania, the process for filing the document varies by county, but most often it requires the parent who files to deliver the paperwork to the other.
This contempt petition would not be a modification of the existing custody order, although some sanctions for contempt can include a transfer of custody or make-up visitation or parenting time.
This essentially would be a tool to help enforce the custody order.
Some of the most common ways in which a custody order could be violated include: • Denying visitation with a child because parent did not pay child support • Interfering with communication between the child and other parent • Preventing visitation for any reason • Taking the child without alerting the other parent • Keeping the child longer than allowed If the other parent suspects the order has been violated, a hearing could be requested to make the final determination in the court.
At the hearing, each parent can explain his or her side of the events and use evidence to present their case.
If the judge finds a parent has violated the custody order, he or she could be held in contempt of the court as a way to help enforce the order.
By holding a person in contempt, the judge would be declaring the person has disrespected the court and disobeyed its order.
The person accused of violating it could face penalties.
For instance, if a person is accused for violating the custody order for restricting the other parent's time with the child, he or she could be ordered to allow make-up time or visitation.
They also could be required to attend parenting classes.
Additionally, parents who violate a custody order could face penalties associated with contempt.
According to Pennsylvania Statutes 5323, a party who willfully fails to comply with any custody order may be adjudged in contempt, which could be punishable by: • Up to six months imprisonment • A fine up to $500 • Probation for a period not more than six months If a person repeatedly violates the custody order, he or she could be forced to pay court costs in addition to losing some of his or her custody rights.
This could mean less time with his or her child or even a loss of custody completely.
Sometimes, custody orders are needed to ensure each person agrees and follows the procedures for dealing with the kids.
These orders can regulate a variety of things, including visitation with the child.
In Pennsylvania, two of the most common types of legal custody are sole and shared.
Under sole custody, one parent has all legal guardianship of the child and he or she does not have to involve the other parent.
However, with shared custody, both are involved in major decisions and time is divided.
Whenever a court enters a custody order, it can be done so with an agreement of the parents.
However, if they cannot agree, it could be based upon the court's own decision.
No matter the situation, parents must follow that order or they could face consequences imposed by the judge.
Additionally, the orders typically are transferable across state lines and jurisdictions.
This means even if a parent has permission to relocate with the child, he or she still must follow the agreed upon custody order.
If the other parent has custodial rights, he or she still must have time with the child.
If a parent violates an order, the other parent could file a petition for contempt of a custody order.
In Pennsylvania, the process for filing the document varies by county, but most often it requires the parent who files to deliver the paperwork to the other.
This contempt petition would not be a modification of the existing custody order, although some sanctions for contempt can include a transfer of custody or make-up visitation or parenting time.
This essentially would be a tool to help enforce the custody order.
Some of the most common ways in which a custody order could be violated include: • Denying visitation with a child because parent did not pay child support • Interfering with communication between the child and other parent • Preventing visitation for any reason • Taking the child without alerting the other parent • Keeping the child longer than allowed If the other parent suspects the order has been violated, a hearing could be requested to make the final determination in the court.
At the hearing, each parent can explain his or her side of the events and use evidence to present their case.
If the judge finds a parent has violated the custody order, he or she could be held in contempt of the court as a way to help enforce the order.
By holding a person in contempt, the judge would be declaring the person has disrespected the court and disobeyed its order.
The person accused of violating it could face penalties.
For instance, if a person is accused for violating the custody order for restricting the other parent's time with the child, he or she could be ordered to allow make-up time or visitation.
They also could be required to attend parenting classes.
Additionally, parents who violate a custody order could face penalties associated with contempt.
According to Pennsylvania Statutes 5323, a party who willfully fails to comply with any custody order may be adjudged in contempt, which could be punishable by: • Up to six months imprisonment • A fine up to $500 • Probation for a period not more than six months If a person repeatedly violates the custody order, he or she could be forced to pay court costs in addition to losing some of his or her custody rights.
This could mean less time with his or her child or even a loss of custody completely.