Identifying an exact percentage of parents who violate child custody orders presents a complex challenge, primarily due to the scarcity of reliable data on this issue. However, various studies indicate that a considerable number of divorced parents engage in some form of custody violation, particularly in situations where communication and cooperation between co-parents are lacking or ineffective.
These violations can take various forms, ranging from relatively minor infractions, such as failing to adhere to the agreed-upon pick-up and drop-off times, to far more serious offenses, like completely denying access to the child during scheduled visitation periods.
The inherent complexities involved in measuring custody violations make it difficult to provide a precise statistic. Factors such as the broad range of behaviors that can be classified as violations, fluctuating circumstances surrounding each case, and inconsistencies in how violations are reported contribute to this ambiguity. As a result, no single, authoritative figure exists that accurately captures the proportion of individuals who engage in these violations.
Numerous underlying factors can contribute to instances of custody violations. Poor communication is often a fundamental issue, as misunderstandings about the terms of custody can lead to conflicts and confusion. Additionally, unresolved emotional disputes stemming from the divorce can create a hostile environment where cooperation becomes difficult. Substance abuse and mental health issues can further complicate a parent’s ability to follow custody agreements, sometimes clouding their judgment and impairing their ability to act in the child’s best interest. Moreover, a lack of familiarity or clarity regarding the specifics of the custody agreement can lead to unintentional violations, as parents may not fully understand their rights and responsibilities.
The ramifications of violating a custody order can be serious and far-reaching. Parents found in violation may face contempt of court charges, which can lead to legal penalties such as fines, court fees, and other financial burdens. Depending on the severity and frequency of the violations, judges may move to reevaluate the existing custody arrangements, potentially resulting in modifications that alter custody rights or visitation schedules.
Such changes can not only disrupt the established routines of the parents involved but can also profoundly affect the emotional and psychological well-being of the child, who may struggle to navigate the upheaval and uncertainty that come with changes in their familial structure. In summary, while there is a significant prevalence of custody violations among divorced parents, the contributing factors and the ensuing consequences are intricate and multifaceted, highlighting the importance of effective communication and understanding in co-parenting situations.
In Illinois, child custody is officially known as allocation of parental responsibilities. Under state law, parents have a legal duty to abide by the terms of a parental responsibilities order or agreement. If your ex is violating the order, you have legal options available. Here, our Naperville, IL child custody lawyers explain what you can do to protect yourself and your child.
Parents should carefully document any violations of a custody order or agreement. If you are required to escalate the matter, this documentation will serve as an important form of evidence.
To start, write down exactly what occurred and why you believe it is a violation of your parental rights. For example, if your ex is not returning your children at the appropriate time, record exactly how late they were. Also, preserve any relevant communications via text message or email.
The more documentation you have regarding a violation of the allocation of parental responsibilities, the easier it will be to take enforcement action.
If your ex is breaching your custody rights, you have several different options available. What tactic is best suited for your case will depend on the specific nature of the situation. Though, as an overarching rule, it is best to first address the matter at the lowest possible level — then escalate action — should violations continue. Here is a basic overview of options:
1. Talk to your former partner. Make sure they know and understand what they are doing is a violation of your parental rights. In some cases, a calm and informal conversation will be enough.
2. Consider mediation. If the custody violation is related to a deeper or more fundamental problem or disagreement, it may be best to try to resolve the matter through mediation.
4. Send an official legal notice. An Illinois custody lawyer can send a formal notice explaining the precise nature of the violation and noting your intention to take legal action if the issue is not immediately rectified.
5. File a complaint. If custody/visitation violations continue after your attorney sends a formal notice, it may be time to go to court. Depending on the circumstances of the case, you may be entitled to a modification of the parental responsibilities or your ex may even be found in contempt.
It is imperative parents take proactive measures to enforce their custody and visitation rights. The longer you allow a violation of the parental responsibilities order/agreement to persist unaddressed, the more difficult and complicated it becomes to take effective enforcement action. Early intervention can help produce the desired outcome. By immediately addressing the custody violations, you may be able to resolve the problem more effectively.
At Keller Legal Services, our Naperville child custody attorneys have extensive experience handling a full range of child custody cases. If your former partner is violating the child custody order/agreement, we can help. For a free, confidential consultation, please contact our legal team now at 650-505-1515. With law offices in Naperville, Aurora, and Bolingbrook, we represent parents throughout the region, including in Joliet, Wheaton, Schaumburg, and Downers Grove.
(Updated 3/6/2025)
