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Which Actions are Considered Violations of Custody Agreements?

After you have come to a child custody agreement with your former partner or spouse, it’s imperative that you closely adhere to it. But what types of actions could possibly be considered violations of your custody agreement? The following are a few violations to avoid:

  • Refusing visitation. This is among the most common types of custody violations. If you refuse to respect the visitation rights arranged by the court as part of your divorce, you could be considered in violation of your custody agreement. This could mean deliberately scheduling activities to conflict with visitation, telling the other parent that they are not allowed to see the child or any other similar actions.
  • Taking the child without telling the other parent. In certain situations, this could be considered kidnapping. If you plan on taking the child on a trip, you need to give notice to the other parent including a travel itinerary.  
  • Badmouthing the other parent. The time after a divorce is extremely emotional, and it’s easy to fall into the habit of badmouthing your child’s other parent. However, you must avoid doing this in front of the child, as it could be considered a custody violation and is unfairly manipulative of the child’s emotions.
  • Religious disagreements. If one parent attempts to enroll a child in a different religion or prevent them from practicing the religion that they followed before the divorce, it could be considered a custody violation, particularly if the agreement provides for the religion that the children will be brought up in.
  • Personal habits. If a parent begins smoking (particularly in the presence of the children), starts drinking regularly or engages in any other harmful personal habits, it could be considered a safety risk to the child and a violation of the custody agreement.

For more tips on how to maintain custody of your children after a divorce, reach out to the skilled lawyers at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia LLP in Long Island.

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