Contempt of Court in Indiana Child Custody Cases: What You Need to Know
When a judge issues a child custody order in Indiana, both parents are legally required to comply. But what happens when a parent refuses to follow the court’s decision? Whether it’s denying parenting time, failing to pay child support, or interfering with the other parent’s custody rights, courts have the power to enforce custody orders through contempt of court.
If you are facing contempt allegations or need to enforce a custody order, it’s crucial to understand how contempt works, the possible penalties, and how to protect your rights.
What is Contempt of Court in Indiana?
In Indiana family law, contempt of court occurs when a person willfully disobeys a court order. In child custody cases, contempt proceedings are used to enforce custody, visitation, child support, or other court-ordered obligations.
Contempt can be classified in different ways:
Direct Contempt vs. Indirect Contempt
Direct Contempt occurs in the presence of the court, such as interrupting court proceedings, refusing to answer questions, or openly defying a judge’s orders during a hearing.
Indirect Contempt happens outside of the courtroom, such as failing to follow a custody agreement, withholding parenting time, or refusing to pay child support.
Civil Contempt vs. Criminal Contempt
Civil Contempt is coercive, meaning the court uses it to force compliance with an order. A parent found in civil contempt may be jailed until they comply, such as handing over a child who was wrongfully withheld.
Criminal Contempt is punitive, meaning the court imposes a fine or jail sentence to punish disobedience, even if the order is later followed.
Common Reasons for Contempt in Child Custody Cases
Violating a Parenting Time Order
One of the most frequent reasons for contempt actions in custody cases is denying parenting time or failing to follow the agreed-upon custody schedule. Examples include:
Refusing to allow the other parent to see the child.
Not returning the child at the designated time.
Canceling visitation at the last minute without a valid reason.
Interfering with the Other Parent’s Rights
Parental interference can lead to contempt if one parent deliberately disrupts the child's relationship with the other parent. Examples include:
Making negative comments about the other parent in front of the child (parental alienation).
Blocking phone calls or communication.
Moving out of state with the child without court approval.
Failure to Pay Child Support
Child support is a court-ordered obligation, and failure to pay can lead to contempt charges. However, a parent who is unable to pay due to job loss or financial hardship may have valid defenses.
Ignoring Court-Ordered Counseling or Parenting Classes
Judges sometimes require parents to attend parenting classes, counseling, or substance abuse treatment as part of a custody order. Failure to comply can result in contempt proceedings.
Taking the Child Without Permission
If a parent removes the child from the other parent in violation of a custody order, they may face custodial interference charges—a serious offense that can involve law enforcement.
Defending Against Contempt Allegations
If you are accused of contempt in a child custody case, there are several possible defenses:
1. The Order Was Unclear or Ambiguous
If the custody order is vague or open to interpretation, the court may reconsider whether a violation actually occurred.
2. You Had a Legitimate Reason for Non-Compliance
If you missed an exchange due to a medical emergency, severe weather, or another unavoidable circumstance, the court may take that into consideration.
3. Inability to Comply
If you physically or financially could not comply with the court order (e.g., job loss prevented child support payments), you must prove your hardship and show good-faith efforts to follow the order.
4. The Other Parent is Making False Allegations
In high-conflict custody cases, one parent may falsely accuse the other of contempt. Keeping detailed records of exchanges, payments, and communication can help defend against baseless claims.
What Happens If You Are Found in Contempt?
If a judge finds you in contempt, they may impose:
Make-up parenting time for denied visitation.
Fines or payment of the other parent’s legal fees.
Mandatory counseling or parenting classes.
Jail time in severe cases of non-compliance.
How to Enforce a Custody Order in Indiana
If the other parent violates a custody order, you can take these steps:
1. Document Every Violation
Keep a detailed log of missed visits, interference, or communication issues.
2. Communicate in Writing
Politely remind the other parent of their obligations via text or email.
3. File a Motion for Contempt
If violations continue, you can file a motion asking the court to enforce the custody order.
4. Seek Legal Assistance
An attorney can help present your case and protect your parental rights.
Speak With an Indiana Child Custody Attorney
Contempt cases in child custody disputes can be legally complex. Whether you need to defend against a contempt charge or enforce an order against the other parent, Vining Legal is here to help.
📞 Call (317) 759-3225 or schedule a consultation today to protect your parental rights.
