Navigating violations of custody in a Pennsylvania divorce

The ending of a marriage can be a challenging process, especially when you have children. If you are navigating a divorce in Pennsylvania, one of the most critical aspects you will need to address is child custody. Even after both parties agree on a custody plan, some difficulties may arise, particularly when one spouse does not respect the agreement.

Here are some suggestions for addressing a situation where your spouse refuses to adhere to the terms of your custody agreement.

Recognize the violation

Initially, it is important to identify whether the spouse is violating the custody agreement. A breach may include refusing to return the child at the agreed time, denying visitation rights or making decisions without consulting the other parent. Make sure to document each instance of violation as this could be evidence if you have to resort to legal action.

Open communication channels

Before jumping to any legal proceedings, attempt to resolve the issue by communicating directly with your spouse. Misunderstandings can occur, and discussing these issues might help clarify the situation. However, keep these conversations respectful and focused on the welfare of your child.

Involve a mediator

If direct communication fails, consider seeking help from a neutral third party, like a mediator. They can facilitate a conversation between you and your spouse, aiming to resolve disputes without the need for court intervention. Mediation often helps to de-escalate tensions and can lead to more amicable solutions.

Enforcement of custody order

When all else fails, it may become necessary to involve the courts. In Pennsylvania, a court can enforce a custody order. The judge may impose penalties, fines or even modify the custody agreement in light of the violations.

Consider the child’s best interest

In all actions, prioritize your child’s best interest. Even in the face of custody disputes, strive to maintain a positive atmosphere for your child. Excessive fighting and tension can adversely affect your child’s emotional well-being.

Dealing with a spouse who does not respect a custody agreement can be difficult and frustrating. Remember that each family situation is unique and finding the right solution requires patience and determination.


FindLaw Network