Family Law Blog

What to Do When You Are Both Violating a Custody Order

Monday, December 02, 2019

Typically, you hear about one parent rather habitually violating the custody order. This gives the other parent the higher moral and legal ground. As such, that parent would then consult with their lawyer and take the other parent to court. Yet, it doesn't always work out that way. What if one parent starts to violate the custody agreement and the other parent starts to violate it back? There is no one with high moral or legal ground here, you are both breaking the law, so what now?

Your first step should be to consult with your lawyer. They will most definitely tell you to cease that retaliatory action right away. You then may have to wait to further establish your ex-spouse's habitual custody violations before you can take them to court.

Custody Agreement

Alternatively, there is a more peaceful option. If you can both agree, you can head to court, not for litigation, but to modify your custody agreement. Not all custody violations are necessarily done maliciously. Sometimes, what was put down on paper doesn't really work out in reality or circumstances change. If you believe you can amiably set a new schedule, even if both of you have technically violated this agreement, you can still head to court and ask for modification. If both parties agree to a new schedule, the court will approve it quite quickly.

Learn More About Violating a Custody Order

If you or your ex-spouse is violating your custody order that was set by the court, it is a problem, and it is against the law. If you want to get things in order, you should contact us right away so we can advise you on the best course of action to take. In some cases, mediation or even just a letter to the parent in violation could be enough to get your life in order, so let us help you explore all your options.