Indiana Child Custody: When to File for Contempt of Court

Imagine you have a court-ordered custody agreement in place, but your ex consistently fails to follow the schedule. Missed exchanges, refusal to allow parenting time, or making major decisions without consulting you—these repeated violations leave you frustrated and unsure of your next steps.

If this situation sounds familiar, you may be wondering whether filing for contempt of court is the right course of action. This guide will help Indiana parents understand when it is appropriate to file for contempt in child custody cases, the legal implications, and the steps to take before proceeding.

What is Contempt of Court in Indiana Child Custody Cases?

Contempt of court occurs when a person willfully disobeys a court order. In child custody cases, contempt actions serve to enforce court orders and protect the child’s best interests.

Types of Contempt

• Direct Contempt – Occurs in the presence of the court, such as disrupting court proceedings or openly refusing a judge’s order.

• Indirect Contempt – Happens outside the courtroom, such as failing to follow a custody order or refusing to pay child support.

• Civil Contempt – Used to compel compliance with a court order, such as requiring a parent to follow a visitation schedule.

• Criminal Contempt – A punitive action aimed at punishing the offending party for disobeying a court order.

Examples of Contempt in Custody Cases

• Repeatedly denying parenting time despite a court order.

• Failing to exchange the child at agreed-upon times and locations.

• Making major decisions about the child’s healthcare or education without the other parent’s input.

• Not following the holiday or summer visitation schedule as ordered by the court.

Common Reasons for Contempt Filings in Indiana Child Custody Cases

Parents may file for contempt for several reasons, including:

🚫 Denial of Parenting Time

❌ Refusing to allow the other parent to see the child according to the court-ordered schedule. ❌ Interfering with the exchange process. ❌ Making it difficult for the other parent to exercise their parenting time (e.g., scheduling conflicting activities, constantly changing plans).

💡 Example: A parent consistently schedules extracurricular activities during the other parent’s visitation time to prevent them from seeing the child.

• Refusing to allow the other parent to see the child according to the court-ordered schedule.

• Interfering with the exchange process.

• Making it difficult for the other parent to exercise their parenting time (e.g., scheduling conflicting activities, constantly changing plans).

💰 Failure to Pay Child Support

❌ Not making child support payments on time or in full. ❌ Hiding income or assets to avoid paying support.

💡 Example: A parent quits their job to avoid making court-ordered support payments.

• Not making child support payments on time or in full.

• Hiding income or assets to avoid paying support.

📵 Refusing Access to the Child During the Other Parent's Parenting Time

❌ Not allowing phone calls or other communication between the child and the other parent during their parenting time. ❌ Making negative comments about the other parent in front of the child. ❌ Interfering with the child's relationship with the other parent.

💡 Example: A parent blocks phone calls or refuses to allow FaceTime communication between the child and the other parent.

• Not allowing phone calls or other communication between the child and the other parent during their parenting time.

• Making negative comments about the other parent in front of the child.

• Interfering with the child's relationship with the other parent.

💸 Failure to Pay Other Expenses

❌ Not contributing to healthcare costs, extracurricular activities, or other agreed-upon expenses as ordered by the court.

💡 Example: A parent refuses to pay half of the child's medical bills despite a court order requiring them to share expenses.

• Not contributing to healthcare costs, extracurricular activities, or other agreed-upon expenses as ordered by the court.

• Example: A parent refuses to pay half of the child's medical bills despite a court order requiring them to share expenses.

⚠️ Other Reasons

❌ Relocating with the child without court permission. ❌ Failing to comply with court-ordered programs (e.g., counseling, parenting classes). ❌ Making false accusations of abuse or neglect against the other parent. ❌ Disobeying other court orders related to the child's well-being.

💡 Example: A parent moves out of state with the child without notifying the court or the other parent.

• Relocating with the child without court permission.

• Failing to comply with court-ordered programs (e.g., counseling, parenting classes).

• Making false accusations of abuse or neglect against the other parent.

• Disobeying other court orders related to the child's well-being.

• Example: A parent moves out of state with the child without notifying the court or the other parent.

When is it the Right Time to File for Contempt?

Before filing for contempt, consider the following factors:

1. Severity of the Violation

• Is the violation significant enough to require court intervention?

• Does it negatively impact the child’s well-being or your parental rights?

• Example: One missed visit due to an emergency may not warrant contempt, but repeated refusals to exchange the child may.

2. Frequency of Violations

• Is this an isolated incident or an ongoing pattern?

• Have you attempted to resolve the issue with the other parent directly?

3. Intent

• Was the violation intentional, or was it a misunderstanding?

• Courts consider whether the other parent is acting in bad faith or simply misinterpreting the order.

4. Impact on the Child

• How is the violation affecting the child’s emotional, physical, or developmental well-being?

5. Alternative Options

• Have you tried resolving the issue through** direct communication**?

• Courts prefer that parents make reasonable efforts to resolve conflicts before escalating to legal action.

6. Potential Consequences

• Understand that a contempt finding can lead to legal penalties for the violating parent, including fines, make-up parenting time, or even modifications to the custody order.

Steps to Take Before Filing for Contempt

If you believe contempt is necessary, follow these steps first:

1. Document Violations

   • Keep records of all missed visitations, communications, and any attempts to resolve the issue.

   • Save emails, text messages, or voicemails as evidence.

2. 🗣️ Communicate with the Other Parent

• Send a written message (email or text) addressing the issue and requesting compliance with the custody order.

• Consider using a co-parenting app to improve communication and manage parenting time effectively. Check out the best co-parenting apps here.

1. Consult with a Family Law Attorney

   • A lawyer can assess your case, provide legal advice, and help you determine if contempt is the best option.

Need Help with Your Custody Case? Contact Us Today!

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By understanding when to file for contempt and following the right steps, you can enforce your custody order while prioritizing your child’s best interests.