Sharing custody of your child can be a difficult situation no matter the circumstances. Sometimes, custody arrangements can become even more complicated if the child does not want to spend time with one parent. Many parents wonder if they’re allowed to refuse court-order visitation rights in this scenario. Continue reading this blog to find out and contact one of our Union County Child Custody Attorneys today!
CAN I LEGALLY REFUSE TO SEND MY CHILD TO COURT-ORDERED VISITATION?
With few exceptions, you cannot legally refuse to comply with court-ordered custody arrangements. In New Jersey, you can only break your custody agreement if you have a legitimate reason to believe your child’s life may be in danger. For some visitation arrangements, your child may express that they don’t want to spend time with their other parent/guardian. Unless your child reports abuse or your co-parent threatens your child’s safety, you must send your child to court-ordered visitation. You can get in trouble if you refuse visitation for petty reasons.
WHAT PENALTIES CAN I FACE FOR BREAKING MY CUSTODY AGREEMENT?
If you refuse to comply with your child custody agreement without a valid reason, you can face various penalties depending on the exact circumstances. Some of the most common consequences of refusing visitations include:
- The other parent/guardian earns make-up visitation time for the time that they missed.
- The court temporarily or permanently alters the custody agreement so the other parent/guardian has more time with the child.
- You could face criminal charges for breaking a legal agreement.
- You may be required to perform a certain number of community service hours as punishment.
WHAT SHOULD I DO IN AN EMERGENCY SITUATION?
If you have a valid reason to suspect that your co-parent may attempt to kidnap or harm your child, you should immediately contact your local police and/or child protective services. Always report any signs that your co-parent could possibly be abusing your child. In a scenario where your co-parent threatened to kidnap your child, the police may freeze your child’s passport to ensure that they don’t leave the country. The police may also issue an emergency notice to other officers in the area to keep an eye out for parental kidnap. A child custody lawyer can help you get emergency full custody of your child from the courts.
Are you currently seeking emergency full custody of your child? Are you seeking a trusted family law attorney who has your best interests in mind? Look no further because Ross & Calandrillo, LLC is here to fight for you! Contact our effective team today for an initial consultation.