What Happens When One Parent Violates a Custody Order in Indiana?

Family Law
Written By Nathan Vining

Introduction: Why Custody Orders Must Be Enforced

When a court establishes a custody order in Indiana, both parents are legally required to follow it. However, custody violations are common, ranging from denied visitation to one parent making unilateral decisions about the child’s welfare. If the other parent is violating a custody order, you have legal options to enforce the order and protect your parental rights.

This article explains what constitutes a custody violation, legal remedies available, and how to modify a custody order if necessary.

📞 If you need immediate legal assistance, contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.

What Counts as Violating a Custody Order?

A custody violation occurs when one parent fails to comply with the terms of a court-ordered custody or parenting plan. Some of the most common violations include:

1. Denying Court-Ordered Visitation

  • One parent refuses to allow the other court-ordered parenting time.

  • The custodial parent makes excuses to prevent visitation (e.g., child is "sick" every visit).

2. Interfering with Communication

  • Blocking phone calls, video chats, or messages between the child and the other parent.

  • Refusing to provide information about school, medical care, or activities.

3. Taking the Child Without Permission (Parental Kidnapping)

  • Failing to return the child on time after visitation.

  • Relocating the child without court approval or notifying the other parent.

4. Making Major Decisions Without the Other Parent

  • Changing the child’s school, medical care, or religious practices without agreement.

  • Violating the terms of joint legal custody by making unilateral decisions.

What Are Your Legal Options If the Other Parent Violates Custody?

If the other parent violates a custody order, you have legal remedies available. The steps you take depend on the severity and frequency of the violations.

1. Document the Custody Violations

Before taking legal action, gather evidence that proves the violations. Keep records of:
📌 Missed visitations (dates, times, and excuses given).
📌 Texts, emails, or call logs showing communication interference.
📌 Witness statements from teachers, family, or friends.

➡ TIP: Keeping a parenting time journal can strengthen your case. Learn how in our guide on winning custody with a parenting journal.

2. Try to Resolve the Issue Informally

If the violation is minor or unintentional, consider:
✔ Talking to the other parent and reminding them of the court order.
✔ Sending a formal written request documenting the violation and requesting compliance.

➡ TIP: Keep all communications professional and in writing in case you need evidence for court.

3. File a Motion for Contempt of Court

If the violations continue, or if it is a major violation, you can file a Contempt of Court motion, which asks the judge to enforce the order. The court may:
✔ Impose fines on the violating parent.
✔ Modify custody if violations are severe.
✔ Order make-up parenting time for missed visitations.

4. Request a Custody Modification

If repeated violations show that the other parent is not acting in the child’s best interests, you can request a modification of custody. Indiana courts may grant sole custody to the parent who follows the court orders.

➡ Learn more in our article on modifying a custody order in Indiana.

5. Seek Law Enforcement Assistance (For Serious Violations)

If the other parent refuses to return the child or relocates them without consent, you may:
✔ Contact local law enforcement to enforce the order.
✔ Seek a protective order if the other parent’s actions put the child in danger.

When Can Custody Be Changed Due to Violations?

A court may modify a custody order if violations are ongoing, serious, and harm the child’s well-being. Factors that may lead to a custody change include:

🚨 Repeated denial of court-ordered parenting time.
🚨 Failure to communicate or co-parent effectively.
🚨 Exposing the child to harmful or unstable conditions.
🚨 Relocating the child without permission.

➡ TIP: Courts prioritize the child’s best interests under Indiana Code § 31-17-2-8 - learn more about the best interest factors.

Why You Need a Child Custody Attorney

A custody violation is a serious legal matter that can impact your parental rights. An experienced Indiana child custody attorney can:

✔ File a motion for contempt or enforcement of custody orders.
✔ Negotiate a custody modification if needed.
✔ Protect your parental rights in court.

📞 If the other parent is violating your custody order, don’t wait—contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.

Conclusion: Take Action to Protect Your Parental Rights

If the other parent is violating your custody order, document everything, attempt resolution, and take legal action if necessary. Indiana courts take custody violations seriously and may modify custody or impose penalties for repeated non-compliance.

➡ Next Steps:
✔ Track custody violations and gather evidence.
✔ Try to resolve the issue informally when possible.
✔ Seek legal action if violations persist—from contempt motions to custody modifications.

📞 Need legal help enforcing a custody order? Contact Vining Legal LLC today at (317) 759-3225 or schedule a consultation for expert legal guidance.