Custody orders are not suggestions. They are court commands. When a parent violates a custody or parenting time order in Indiana, the judge can step in fast. Penalties can range from a warning to jail time. In serious cases, the violation may result in a criminal charge.
Parents usually do not set out to break an order. Most violations happen in stressful moments. A child refuses to go. A parent is late. A schedule change feels harmless. A safety concern pops up. Still, the court expects you to follow the order first and ask for changes through the legal process, not on your own.
At Eskew Law, our Indianapolis family law attorneys see custody disputes every week. This guide explains what counts as a violation, what the other parent can file, what the court can do to you, and what to do if you think the order is unsafe or impossible to follow.
What Counts As A Custody Order Violation
Indiana custody orders can cover legal custody, physical custody, parenting time, exchanges, holidays, travel, school decisions, medical decisions, and communication rules. A violation occurs when a parent intentionally fails to comply with any part of the order without a valid legal reason.
Common violations include:
- Denying parenting time or refusing to hand the child over at exchange
- Repeatedly being late or not showing up for exchanges
- Keeping the child past the ordered return time
- Taking the child out of state without required notice or consent
- Making major medical or school decisions without shared legal custody approval
- Blocking calls, texts, or video time that the order allows
- Badmouthing the other parent in front of the child when the order forbids it
- Withholding parenting time because the other parent is behind on child support
One missed handoff is not always treated the same as a pattern. But even a single violation can trigger a court filing.
Why Indiana Courts Take Violations Seriously
Indiana Parenting Time Guidelines are built on the idea that children do best with frequent, meaningful contact with both parents when it is safe. Courts treat interference with that time as harm to the child, not just inconvenience to the other parent.
Judges also care about respect for the court. If a parent ignores an order, the judge will assume that parent may ignore future orders too. That can affect custody decisions long after the original violation.
What The Other Parent Can Do If You Violate The Order
When a violation happens, the other parent has several options. They do not have to wait for weeks of bad behavior.
File A Motion For Contempt
This is the most common tool. Contempt means the parent willfully disobeyed a court order. A contempt motion asks the judge to enforce the order and punish the violation.
In many Indiana counties, mediation is required before a parenting time dispute goes to a hearing unless the court excuses it. Even if mediation is required, the other parent can still file and ask the court to set the process in motion.
File A Motion To Enforce Parenting Time
Some courts treat this separately from contempt. It focuses on fixing the problem and ordering make up time.
Request A Modification Of Custody Or Parenting Time
If violations are repeated, the other parent can ask the court to change custody or the schedule. The argument is that the current arrangement is not working or is not in the child’s best interests.
Ask For Emergency Relief
If the violation poses a serious risk, such as refusing to return a child or hiding a child, the other parent may request an emergency hearing. Courts can issue orders quickly in those situations.
In Extreme Cases, Contact Law Enforcement
Police usually do not want to get involved in normal parenting time disputes. But if the situation looks like interference with custody or abduction, law enforcement may act.
What The Court Can Do To You
If the judge finds you violated the order intentionally and without a valid excuse, the court has a wide set of remedies. Courts often start with the least severe remedy, but they do not have to.
Order Make Up Parenting Time
Indiana law allows judges to order parenting time missed due to the violation. This is usually the first remedy.
Order You To Pay Attorney Fees And Costs
If your violation required the other parent to file a motion, the court may order you to pay their reasonable legal fees and court costs. This could be a significant financial impact.
Impose Fines Or Other Sanctions
Judges can issue fines to deter future violations. They can also order parenting classes, counseling, or other corrective steps.
Order Community Service
Indiana statutes allow courts to order community restitution or service as part of contempt.
Put You In Jail
Yes, jail is possible in a custody contempt case. It is more likely when violations are repeated, extreme, or openly defiant. Even short jail stays can affect your job and reputation.
Modify Custody Or Parenting Time
This is one of the biggest long term risks. If the judge thinks you are interfering with the child’s relationship with the other parent, the court can:
- Reduce your parenting time
- Add supervision
- Change exchange rules
- Transfer primary physical custody to the other parent
Judges focus on patterns. One violation may not cause a custody change. A steady trail of violations can.
Issue Protective Orders Or Injunctions
If the violation involves harassment, threats, or unsafe behavior, the court can issue orders limiting contact or imposing strict rules.
Criminal Consequences For Serious Violations
Most custody violations stay in family court. But some actions cross into criminal territory.
Interference with custody is an Indiana criminal offense. It can apply when a parent knowingly takes, conceals, or keeps a child in violation of a custody order. In many cases tied to a court order, it is charged as a misdemeanor, but the exposure can increase if the facts involve concealment, crossing state lines, or other aggravating factors.
If your situation involves a refusal to return a child, hiding a child, or fleeing with a child, you need a criminal defense lawyer immediately. Family court remedies and criminal prosecution can happen at the same time.
What If You Think The Order Is Unsafe
Parents sometimes violate an order because they believe the child is in danger with the other parent. The court will consider safety concerns, but you must address them appropriately.
If you genuinely believe there is immediate danger:
- Document what you observed.
- Call law enforcement or DCS if there is abuse or neglect.
- Contact your lawyer right away.
- Request an emergency modification or supervised parenting time from the court.
Do not rely on a vague fear or a past issue that is not current. Judges want specific facts. If you withhold parenting time without proof of a safety risk, you may still be found in contempt.
What If The Child Refuses To Go
This is common, especially with teenagers. Indiana courts expect parents to encourage compliance. A child’s refusal does not automatically excuse the parent.
Steps that help:
- Stay calm and avoid arguing at exchange.
- Encourage the child to go without threats or guilt.
- Offer neutral support such as packing, a reminder of plans, or reassurance.
- Document the refusal in detail, including what you said and what the child said.
- Tell the other parent what is happening in writing.
If refusal becomes a real pattern, your lawyer can ask the court for help, such as therapy, a revised schedule, or a graduated plan. But you should not just stop exchanges.
What You Should Do If You Already Violated The Order
If you made a mistake, you still have options. The worst move is to double down.
- Return the child as soon as possible if you kept them past the ordered time.
- Communicate clearly with the other parent in writing. Keep it factual.
- Do not insult or threaten. Every message can be shown to the judge.
- Gather proof that explains the violation, like medical records, texts about schedule changes, or travel issues.
- Call your attorney before the other parent files. Early action can reduce the damage.
Judges care about accountability. They also care about patterns. Fixing a one-time issue quickly can prevent a larger problem.
How We Help When A Custody Violation Is Alleged
When you are accused of violating a custody order, you need a plan.
We help by:
- Reviewing the exact language of your order and the Parenting Time Guidelines
- Collecting evidence that supports your reason for the alleged violation
- Preparing you for a contempt hearing
- Negotiating realistic make-up time or schedule fixes
- Fighting against unfair attorney fee requests
- Pushing back on custody changes that are not in the child’s best interests
If there is any criminal risk, we coordinate defense so your family court case does not create exposure in criminal court.
Talk With Eskew Law Before This Gets Worse
Custody violations can spiral fast. What starts as a late exchange can become contempt. Contempt can result in reduced parenting time. Reduced parenting time can become a custody change. You do not want to explain yourself for the first time in front of a judge.
If you have been accused of violating a custody order, or you are considering changing the schedule due to safety or practical concerns, call our team at Eskew Law. We will provide a clear assessment of your risk and a plan to protect your child and your rights.
