Violation of Child Custody Order in California

Dec 24

, Carroll Law Office

Facing a violation of a child custody order in California can be an overwhelming experience. Emotions naturally run high when it comes to the relationship a parent has with their child. The stress caused by the possibility of losing custody, economic hardship, and other penalties can leave one confused and unsure of where to turn. At the Carroll Law Office, our attorneys are prepared to stand by your side and defend your rights.

Child Custody in California

Child custody laws are defined under the California Family Code. Child custody orders are court documents that define the custodial rights, roles, and responsibilities of the parental parties. They serve to define the obligations and boundaries between each parent and their child, including visitation times as well as the particulars of physical and legal custody.

Types of Custodial Orders

Typically, there are three types of custody orders. These include:

• Emergency custody orders. Sometimes called “ex parte” custody, these are intended for a short duration and are often issued in emergency situations. Emergency custody orders are subject to final hearings, typically within 20 days, during which time the child is not allowed to leave the state.
• Interim custody orders. Sometimes known as “pendente lite” orders, these are enacted during divorce proceedings. They do not have a fixed time limit and are kept in place until final custody orders are given.
• Final custody orders. These are permanent and enacted to replace interim custody orders. Final custodial orders are designed to take into account extensive factors, such as parental ability, child preference, living situations, and above all, the safety and stability of a child.

Custodial Order Violations

Life can be unpredictable, and it is not uncommon for parents to face situations that interfere with their custodial duties. Being late for pick-ups or drop-offs, having scheduling issues, and other complications do not constitute breaches. Child custody cases that involve custodial breaches typically include situations where behavior is alleged to occur that can be construed as deliberate and severe. Some examples are:

• Obstructing communication. If one parent refuses to allow another to contact their child through mandated times, prevent video or phone calls, or display other concerning behavior in controlling contact, this could constitute a breach of the custody order.
• Preventing contact. If one parent prevents another from visiting or spending time with their child beyond what is deemed appropriate in a custody order, this may also violate custodial arrangements.
• Failing to pay child support. Often, child support payments are part of custody orders. If one parent fails to make payments on time or in their entirety, it may be considered as putting the child’s well-being at risk, and be grounds for custody breach allegations to be made.

Typically, violations will be litigated at Family Law divisions of the Superior Court of California. These have multiple locations, including the Historic Courthouse in Napa County, the Civil and Family Law Courthouse in Sonoma County, and the Ukiah Courthouse in Mendocino County.

Custodial breaches can carry serious consequences. Depending on the circumstances, penalties may include garnishing of wages, such as in instances of failing to pay child support, changing of custodial agreements, such as less visitation with the child, or even jail time, if it can be proven that abusive behavior and criminal behavior have occurred.

Because of this, it is essential to have experienced counsel to help guide you in facing allegations and ensure your rights as an individual and parent are protected.

Why Choose Us

Child custody litigation is common. Over a nine-year period, there were over 95,000 child custody cases in California. Regardless of the alleged violation, having a California child custody attorney who understands the complexities of family law is critical.

For over a decade, the skilled attorneys at the Carroll Law Office have been assisting Californians across a broad range of legal matters. With extensive experience in family law, we understand that each case is unique and will stand with our clients in providing vigorous advocacy.

FAQs

What Happens if You Violate a Family Court Order in California?

There are a number of potential consequences for violating a family court order in California. These might, for example, include the garnishing of wages if the violation involved the failure of child support payments. Other factors regarding the violation may lead to the amendment of a custody agreement to be less favorable. In certain instances, if the allegations include abusive behavior, potential penalties could include jail time and heavy fines.

What Looks Bad in a Child Custody Battle?

There are several behaviors that should be avoided in a child custody battle. While emotions understandably run high during such litigation, showing vindictiveness to the other parent, demonstrating instability, and pursuing conflict over the concern of your child can all have harmful effects on the outcome of a child custody case. Remember, above and beyond everything, the well-being of the child is at stake, and this must be shown in your actions.

What Are the Types of Custody Orders in California?

There are three types of custody orders in California. These include emergency custody orders, often put into place on short notice in extreme circumstances, interim custody orders, often utilized during divorce proceedings, and final custody orders, enacted as a final decision on how custody will be shared between parents.

What Is a Violation of a Custody Agreement?

There are several activities that might be considered violating a custody agreement. Obstructing the communication of a coparent with their child, preventing contact between them, or failing to make child support payments on time, all can constitute a form of custody violation. Such allegations can have serious consequences, and if these occur, it is highly recommended to hire a child custody lawyer to ensure your rights are defended.

Hire a Child Custody Lawyer

Custodial violation allegations are not uncommon. In 2023, there were over 75,000 filings in California courts addressing child support payments alone. No matter the violation, our dedicated attorneys are prepared to offer their experienced guidance and help you navigate this difficult time. Contact us today to learn how we can help.