Here are some tips for dealing with a child custody violation in Maryland.
Dealing with child custody issues can be emotionally challenging, especially when a custody agreement is violated. In Maryland, like in many states, child custody arrangements are legally binding and must be adhered to by all parties involved. When these agreements are violated, it’s crucial to understand your rights and the steps you can take to address the situation effectively.
What Constitutes a Child Custody Violation?
A child custody violation occurs when one parent or guardian fails to comply with the terms outlined in the custody agreement or court order. Common violations include:
- Denial of Visitation: When a parent prevents the other parent from spending court-ordered time with their child.
- Refusal to Return the Child: Failing to return the child to the custodial parent at the agreed-upon time.
- Relocation Without Permission: Moving the child out of state or a significant distance without obtaining permission from the court or the other parent.
- Failure to Communicate: Ignoring or disregarding communications regarding custody arrangements or changes.
Steps to Take When Facing a Custody Violation
If you find yourself in a situation where the other parent is violating the child custody agreement, it’s essential to act promptly and in accordance with Maryland state laws. Here are the recommended steps:
Document the Violations
Keep detailed records of all instances where the custody agreement has been violated. This includes documenting missed visitations, denied access to the child, or any other breaches of the agreement. Note down the dates, times, and details of each incident.
Attempt to Resolve Amicably
In some cases, custody violations may stem from miscommunication or misunderstandings. Before taking legal action, consider addressing the issue directly with the other parent. Clearly communicate your concerns and attempt to reach a resolution through peaceful means, such as mediation or counseling.
Consult with Your Attorney
If informal attempts to resolve the issue fail, it’s advisable to consult with a qualified family law attorney who specializes in child custody matters. They can provide legal advice tailored to your situation and guide you through the next steps.
File a Motion for Contempt
In Maryland, if the other parent continues to violate the custody order despite your efforts to resolve the matter, you may file a Motion for Contempt with the family court. This legal document notifies the court of the violations and requests enforcement of the custody order.
- Gathering Evidence: Your attorney will help gather and present evidence of the violations to the court. This may include witness statements, communication records, and any other relevant documentation.
- Court Hearing: The court will schedule a hearing to review the Motion for Contempt. Both parties will have the opportunity to present their case, and the judge will determine whether the violations occurred and what actions should be taken.
Enforcement of Court Orders
If the court finds that the custody violations have occurred, they may enforce the existing custody order in several ways:
- Make-up Parenting Time: Compensating the aggrieved parent with additional parenting time to make up for missed visits.
- Financial Penalties: Imposing fines or monetary sanctions on the violating parent.
- Modification of Custody Order: In severe cases or repeated violations, the court may consider modifying the existing custody arrangement to better protect the child’s best interests.
Consider Legal Remedies
In some cases, especially if the violations persist or escalate, you may need to explore additional legal remedies. This could involve seeking a modification of the custody agreement or pursuing other legal actions to ensure compliance and protect your child’s well-being.
The Right Lawyer Can Make All the Difference
Hiring a lawyer should be the first thing you do when encountering any legal matter, not a last resort. Whether you’re thinking about a separation or divorce or have been charged with a crime, been injured in an accident, or your civil rights have been violated, you need to first know your rights. Contact Mike Mastracci today at 614 Edmondson Ave Catonsville, MD 21228. With satellite offices in Baltimore County, Ocean City, Snow Hill, and Salisbury, Maryland. (410) 869-3400 fax: (302) 988-2313 If responding by regular mail, send to 30107 Tammy Court Selbyville, DE 19975, and check us out on Facebook.