When you have a parenting plan in Ohio, both parents are held to certain legal requirements. Because of this, it is possible for there to be custody violations in Ohio that could have a negative effect on the violating parent’s right to see their child.
Is your ex-spouse violating certain aspects of your parenting plan agreement? If so, check out this article, where we will discuss the most common custody violations in Ohio and the possible repercussions.
Common Custody Order Violations
There are many types of parenting plan violations that can occur in Ohio, either accidentally or on purpose. Generally speaking, one or two minor violations are relatively common, especially for new custody orders, as parents are getting accustomed to them. But if one parent is repeatedly violating the custody order or is doing so in a severe way, this can cause problems.
Here are some examples of common custody order violations in Ohio that you may experience when you are trying to co-parent with your ex:
- Denying visitation
- Repeated late exchanges
- Relocating without permission
- Interfering with communication
How Ohio Courts Respond to Violations
If your ex is violating the custody order repeatedly, the best option you have is to file a motion for contempt of court. When you do this, the court is notified of the violation and will examine the evidence to decide if this is true or false.
If the court decides that the parent has violated the custody order, it can respond in the following ways:
- Fines: The court has the right to fine the parent who has violated the custody order if it decides that the violation is serious enough. Generally, fines will become more and more expensive for each repeated violation.
- Modifying the child custody order: Another common repercussion is that the court may modify the child custody order in favor of the other parent. For instance, if one parent repeatedly violates the order by dropping the child off late or not following the visitation rules, the court may award make-up time as compensation for the other parent.
- Jail time: For either severe child custody violations or repeated violations, the court may decide on jail time for the offending parent. Usually, the first jail time sentence will be 30 days, which will double with each repeated offense.
- Criminal charges: For violations involving denying visitation, this could result in criminal charges since Ohio views interference with custody as a criminal offense.
Serious Violations That May Trigger Loss of Custody
Although not the standard, it is possible for a parent to lose their custody rights depending on the type of custody order violation. In most cases, this will be the result if there is abuse or neglect with evidence to prove this. The court may also remove custody from a parent if there is documented substance abuse going on.
Other scenarios that could lead to loss of custody are parental alienation, which violates the other parent’s parental rights. Repeatedly violating the parenting plan can also have the same effect, especially if the offending parent has been warned and punished repeatedly.
Overall, the court will prioritize the safety and well-being of the child, which in some cases may mean removing one parent from the picture.
Steps to Take if the Other Parent Violates Orders
Minor parenting plan violations aren’t usually a big deal and may be an isolated occurrence. However, it isn’t uncommon for parents to not cooperate with a parenting plan, especially if they don’t agree with it or are trying to get back at their ex.
So, if you are in a situation where your ex isn’t following the court-ordered parenting plan, here are some steps you can take:
- Document everything: After the first violation, start to keep a detailed log of every violation of the parenting plan with specifics, including dates, times, locations, and the nature of the violation.
- Attempt resolution: In some cases, parenting plan violations may come down to a lack of communication. So, it is always best to attempt to resolve the issue directly with the other parent so that things can stay amicable.
- Follow the law: If you can’t resolve the issue and your ex continues to violate the custody order, it’s crucial that you continue to follow the law. Do not attempt to retaliate in any way, as this will reflect poorly on you when you get the court’s involvement later on.
- File formal motions: There are two types of motions you can file with the court for serious or repeated violations. The most serious motion is a motion for contempt of court, which will involve the Ohio court so that repercussions will follow. The other option is a motion to modify custody, which is a request to the court to modify the parenting plan in the best interest of the child.
You should also get the help of an Ohio custody lawyer so that your rights are protected and you follow the correct legal steps. A lawyer can instruct you on what the best option is to deal with repeat violations and can help you file the right motion.
FAQ Section
Can a parent lose custody for denying visitation?
Possibly. This may be the case if the parent repeatedly denies visitation or the offense falls into the category of interference with custody, which could be seen as a criminal offense.
Can custody orders be modified because of violations?
Yes, a common repercussion for violating a custody order is that the court may modify the parenting plan in favor of the other parent.
Should I call the police if visitation is denied?
It is usually best to get legal guidance before involving the police unless it is an emergency.
Hire a Child Custody Attorney in Ohio
The Ohio court takes custody violations very seriously, as it expects both parents to maintain their parental responsibilities even after they have separated. Richard P. Arthur, Attorney at Law, has extensive experience handling family law cases in Ohio and can help you request custody modifications if your ex isn’t cooperating. To proceed with your case, contact us today at 937-254-3738 for a free consultation.