Introduction
In South Dakota, custody and visitation orders serve as legally binding agreements between parents, commanding strict adherence. These orders play a pivotal role in determining which parent assumes primary custody of the children and outlining the visitation schedule for the non-custodial parent. However, what occurs when one parent chooses to violate these orders? Let’s take a closer look.
Consequences for Violating Custody and Visitation Orders
Civil Penalties
When a parent deliberately disobeys a custody or visitation order, they expose themselves to potential civil penalties. In such cases, the other parent possesses the right to file a motion for contempt of court, thereby initiating legal proceedings that can culminate in monetary fines, community service, or, in extreme cases, imprisonment for the violating parent.
Modification of Custody Arrangements
Persistent and repeated violation of custody or visitation orders can prompt the court to consider modifying the existing custody arrangement. Recognizing the paramount importance of the child’s well-being, the court may decide that altering the primary custodian is in the child’s best interest. Additionally, the violating parent may face the loss of visitation rights and a reduction in parental responsibilities.
Criminal Charges
In rare and severe instances, parents who consistently violate custody or visitation orders may find themselves facing criminal charges. South Dakota legislation stipulates that a parent who refuses to return the child to the other parent or takes the child out of state without obtaining the other parent’s consent can be charged with custodial interference, which constitutes a felony offense.
What To Do If A Parent Violates A Custody or Visitation Order
If faced with a situation where a parent violates a custody or visitation order, it is crucial for the other parent to respond immediately. The first step entails reaching out to a competent and experienced family law attorney who can provide expert guidance on the available legal options. To seek appropriate repercussions against the violating parent, the attorney can proceed to file a motion for contempt of court, thereby initiating civil penalties. In cases where the violating parent refuses to return the child or attempts to relocate with the child out of state, promptly contacting law enforcement and reporting the incident remains of utmost importance.
Conclusion
Custody and visitation orders possess significant influence in determining parental rights and responsibilities in South Dakota. As such, the violation of these orders should not be taken lightly. To ensure the best interests of the child are protected, the non-violating parent must take swift and decisive action. Pursuing civil penalties, modification of custody arrangements, and, if necessary, criminal charges, can help reinforce the importance of adhering to these orders. Seeking guidance from a family law attorney and responding promptly are instrumental in safeguarding the rights and well-being of the child involved.