What to Do If Your Ex Isn't Following the Custody Agreement
If your co-parent continually violates a court-ordered schedule, the law gives you four practical options: document every violation, attempt a direct resolution, file a petition for civil contempt, or ask the court to modify the order. Tanner Law Offices helps parents choose the child custody enforcement path that fits their circumstances.
Build a Record Before You Do Anything Else
Judges in Central Pennsylvania respond to patterns, or specific, egregious violations. One missed pickup or being late to an exchange one time rarely results in a finding of contempt. Before you file anything, start gathering proof that shows the same repeated conduct by, for example:
- A dated and detailed log
- Saved messages
- Witness names
- School, medical records
Keep the file factual and free of commentary, because a judge may eventually read it. Plain dates and short descriptions carry far more weight in a courtroom than angry notes about your former partner ever will.
Can a Direct Conversation Fix the Problem?
Often, a clear and direct conversation with the other party, can often solve the issue. Many custody disputes stem from unclear language in the order rather than intentional defiance. A respectful written reminder of the schedule or a session with a neutral mediator can often resolve the issue without a court hearing.
Patience has limits, though. The routine your ex creates through repeated violations, over a prolonged period of time, however, can become the arrangement a court views as the status quo, so staying silent for an extended period of time, may actually end up working against you.
What Happens When You File for Civil Contempt?
If cooperation fails, our attorneys can file a contempt petition with the county Court of Common Pleas. Under 23 Pa.C.S. § 5323(g), a parent who willfully violates a custody order may face:
- Fines up to $500
- Probation for up to six months
- Imprisonment for up to six months
A judge who finds contempt can require the other party to reimburse you for the legal fees you incurred in having to file the Petition for Contempt with the court. The same judge cannot rewrite the schedule at a contempt hearing, because enforcement and modification are separate proceedings in Pennsylvania.
When the Order Itself Needs to Change
Repeated custody disputes may show that the current schedule no longer serves your family’s needs. A petition to modify custody asks the court to create an arrangement that better reflects your children’s best interests or clarifies wording that has been interpreted differently by the other party, which may have resulted in the perceived violations of the Order.
Common situations that may support a modification include:
- Chronic no-shows to custody exchanges
- Changed work schedules
- Safety concerns
- Growing children and their changing needs
A modification petition looks ahead to how your children’s schedule should work moving forward. A contempt action deals with a violation of an existing custody order. The two requests complement each other but are separate requests to the court.
Many parents file the contempt and modifications petitions together, seeking both accountability for past misconduct, and also proactively requesting a schedule that reflects their family’s current needs.
Protect Your Parenting Time With Tanner Law Offices
You should not have to plead for time that a court already awarded you. Tanner Law Offices represents parents in Central Pennsylvania in custody enforcement and modification matters.
Our lawyers will review your records, lay out your options, and file the petition that best meets your goals. Call (717) 731-8114 or schedule a consultation online to get started.