When a custody order is in place, both parents are expected to follow it without exceptions. But what happens when one parent decides to break that agreement? Whether it’s skipping visitation, refusing to return the child, or even relocating out of state without notice, these actions can result in serious legal consequences.
Are you dealing with a custody order violation in Louisiana? If so, it’s essential to understand your rights and what steps you can take next.
Many parents feel overwhelmed when faced with this situation. They may be unsure whether the law will support them or how to protect their relationship with their child. This article will walk you through everything you need to know, covering what counts as a violation, how Louisiana courts respond, and what options are available to enforce or modify your custody order.
Understanding Custody Orders in Louisiana
A custody order in Louisiana outlines how divorced or separated parents share responsibilities and time with their children. The order may involve legal custody, which covers decision-making authority, and physical custody, which determines where the child lives. Parents may have joint custody, where they share responsibilities and rights, or one parent may have sole custody.
Sometimes, parents reach agreements on these matters, with a judge approving the final terms. Or, the court may make custody decisions based on the best interests of the child. Once the court issues a custody order, both parents are required to follow it unless the court officially modifies the order.
Examples of Custody Order Violations
A parent can violate a custody order in several ways. Common violations include:
- Refusing to hand over the child for scheduled visitation
- Taking the child on an out-of-state trip without court approval or the other parent’s consent
- Blocking phone or video calls between the child and the other parent
- Failing to return the child on time
- Changing schools, doctors, or religious practices without input if joint legal custody applies
Even if the parent believes they have a good reason for any of the above, these actions can still be considered violations if the court doesn’t approve them.
Legal Consequences for Violating a Custody Order
A parent may face contempt of court charges when they violate a custody order in Louisiana. This is a serious matter that can result in fines, mandatory parenting classes, jail time, or the loss of custody rights. The severity of the penalty usually depends on the nature of the violation and whether it’s a one-time or repeated issue.
Contempt of court in Louisiana for violating a custody order can lead to fines, jail time, or both, depending on the severity and recurrence of the violation.
In Louisiana, Revised Statutes §9:346 allows the court to enforce visitation and custody terms and order the violating parent to pay Attorney’s fees and court costs. The court can also adjust future visitation schedules or impose restrictions to prevent future violations.
How to Enforce a Custody Order in Louisiana
You can file a motion for contempt with the court that issued the original custody judgment if the other parent isn’t following the custody order.
The process generally includes:
- Filling out a petition detailing the violation
- Submitting supporting evidence such as text messages, emails, or police reports
- Attending a court hearing where both sides present their case
Documentation is key. Courts typically look for consistent, dated proof like messages, call logs, or written records to prove violations.
The court may allow law enforcement to intervene in some cases. Typically, however, civil courts handle the enforcement of custody orders. If the parent repeatedly violates an order’s terms, the court may impose stricter penalties, including jail or supervised visitation.
Modifying Custody After a Violation
Repeated or serious violations can be grounds for requesting a change in custody. Louisiana courts always consider the best interests of the child when deciding whether to modify an order.
Some factors that may influence the decision include:
- Whether the child’s safety or emotional well-being is at risk
- Patterns of interference with parenting time
- Lack of cooperation in shared custody decisions
The court may reduce the violating parent’s custody rights or assign supervised visitation to protect a child’s well-being.
Out-of-State Violations and the UCCJEA
Sometimes, one parent tries to avoid the Louisiana custody order by leaving the state with the child. In these cases, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps enforce custody terms across state lines.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps ensure Louisiana custody orders are honored even when a parent crosses state lines.
You may need to register the Louisiana order in another state to enforce it. Still, courts typically work together to prevent parental abduction or relocation that harms the child-parent relationship. The UCCJEA ensures that only one state has jurisdiction over custody issues at a time.
Protective Steps for the Non-Violating Parent
It’s essential to stay calm and follow the proper legal process if the other parent is violating the custody order. Start by documenting the problem. Courts appreciate clear, dated evidence of violations, like screenshots, text logs, written notes, or even school attendance records. If necessary, contact law enforcement, but only when there’s an emergency, or the child is in danger
You should also speak with an attorney to determine the best course of action. Filing motions without legal support can lead to mistakes. In some cases, filing a motion may backfire if the court finds no violation.
Legal Penalties for Custody Order Violations in Louisiana
|
Violation Type |
Legal Response |
Possible Penalty |
| Denial of visitation | Motion for contempt | Fines, possible jail, parenting classes |
| Out-of-state travel without consent | UCCJEA enforcement | Order to return child, loss of custody rights |
| Repeated interference with custody | Custody modification hearing | Change in custody arrangement, supervised visits |
| Failure to comply with parenting time | RS 9:346 invoked | Attorney’s fees, court sanctions |
Frequently Asked Questions
Can a parent go to jail for violating a custody order in Louisiana?
Yes. A court can impose jail time if it finds the violation is willful and severe under contempt laws.
What should I do if the other parent consistently denies visitation?
Document every instance and file a motion for contempt with the family court, preferably with the assistance of legal counsel.
Does law enforcement help enforce custody orders in Louisiana?
Yes, in some cases. But courts generally prefer civil remedies unless there’s an emergency or abduction risk.
What is considered “parental kidnapping” in Louisiana?
It may be treated as parental abduction if a parent takes a child out of state or hides them to avoid custody terms.
Can I modify custody after the other parent breaks the order?
The court may consider changes in custody to protect the child’s welfare if the violations are severe or ongoing.
What proof do I need to show a violation occurred?
Courts look for dated messages, call logs, third-party witness accounts, or school/activity records.
Get Legal Help When a Parent Violates a Custody Order in Louisiana
Violating a custody order in Louisiana isn’t just unfair. It’s also illegal. Whether the violation is minor or severe, the court has tools to enforce custody terms, protect your time with your child, and penalize non-compliant behavior. From contempt motions to potential custody modifications, taking action the right way matters.
If you’re dealing with a custody order violation in Louisiana, the legal team at Stephenson, Chavarri & Dawson L.L.C. is here to support you. We understand the emotional and legal challenges that come with custody disputes. Contact us today to schedule a free consultation and get help enforcing or protecting your custody rights.
