Common child custody violations include denying court-ordered parenting time, keeping a child beyond the scheduled period, interfering with communication, making major decisions without authority, and moving or traveling with a child in violation of the custody arrangement. The consequences depend on the wording of the order, the seriousness of the conduct, the child’s safety, and whether the violation was intentional.
Fullerton is a city in northern Orange County, California, located southeast of Los Angeles and near Anaheim, Buena Park, and La Habra. Fullerton custody disputes may involve scheduled exchanges between parents who live in different parts of Orange County. Parenting arrangements can also set specific times for returning a child. Relocation from Fullerton or elsewhere in Orange County can affect an existing parenting schedule.
When questions arise about whether conduct violates an order, a child custody attorney in Fullerton can help explain the applicable terms and available options. Below are five types of violations that are common in child custody cases.
1. Denying Court-Ordered Parenting Time
A parent may violate a custody order by repeatedly refusing to release a child, canceling visits without a valid reason, or making the child unavailable during the other parent’s scheduled time.
Examples include:
- Refusing to follow the exchange schedule
- Canceling visits for convenience
- Keeping the child beyond the authorized period
- Refusing required make-up parenting time
- Sending someone else to an exchange without authorization
California Family Code § 3020 identifies a child’s health, safety, and welfare as primary concerns while also addressing continuing contact with both parents when consistent with the child’s best interests.
2. Failing to Return the Child on Time
Keeping a child beyond the scheduled return time can create a custody violation, particularly when the parent refuses to communicate or disclose the child’s location.
However, a short delay caused by traffic, illness, or an emergency may be viewed differently from a deliberate pattern. Important details can include:
- How long the delay lasted
- Whether the parent communicated promptly
- Whether the child remained safe
- Whether the conduct was repeated
- Whether there was a legitimate reason
3. Interfering With Communication
A parent may undermine the custody arrangement by blocking reasonable communication between a child and the other parent.
Potential examples include taking away a child’s phone to prevent contact, refusing reasonable calls, interrupting conversations, telling the child not to speak to the other parent, or using the child to deliver adult messages. Withholding important school or medical information can also create problems.
4. Making Major Decisions Without Authority
Legal custody can determine who has authority to make significant decisions involving education, medical care, and other important aspects of a child’s welfare.
Problems may arise when a parent makes a major decision alone despite an order requiring consultation or joint agreement. Examples include:
- Changing the child’s school
- Changing a regular doctor
- Starting significant treatment without required consultation
- Withholding important records
- Relocating the child’s residence
The exact custody order matters. Some parents have sole legal custody, while others share decision-making authority in specific areas.
5. Violating Relocation, Travel, or Safety Terms
Moving a child, concealing the child’s location, or traveling outside an authorized area can create a serious custody dispute when the required notice or permission was not obtained.
Warning signs can include:
- A sudden move away from the child’s home.
- Withdrawal from school without explanation
- A one-way flight or extended trip
- Refusal to disclose an address
- Secretly obtaining travel documents
- Changing the child’s school or phone number
California Family Code § 3044 creates a rebuttable presumption against awarding sole or joint custody to a person found to have committed qualifying domestic violence within the previous five years, subject to the statute’s requirements and exceptions.
Key Takeaways
- Custody violations involve more than missed exchanges.
- Denying parenting time can violate an order.
- Late returns should be documented carefully.
- Communication interference may create custody problems.
- Major decisions must follow legal-custody terms.
- Relocation and safety violations can be serious.
