What Happens If You Violate a Custody Order During a Domestic Dispute?

A custody order is a legal document from the court that outlines where your child lives and how much time they spend with each parent. Courts put these orders in place to help children have stable lives after a separation or divorce. During a domestic dispute, tensions can run high, sometimes causing one parent to go against the custody plan.

When this happens, there are legal risks involved. If you willfully violate a custody order, you are likely breaking the law. Make sure you understand what the penalties are and how to protect yourself if you’re arrested and facing these allegations.

What counts as violating a custody order?

When parents share custody, making decisions based on emotions can have serious consequences. Sometimes, a parent may cross the line—intentionally or not—into a custody order violation. Courts expect both parents to follow orders exactly, especially when tensions flare up during domestic disputes. Here are common ways in which possible violations occur.

Refusing scheduled visitation

A common violation is stopping your child from seeing the other parent when the order requires it. Saying no because you are upset or arguing is not an excuse in the eyes of the law. Custody schedules are set by the court, not dictated by feelings or conflicts between parents.

Changing locations without permission

Moving children to another home or out of town without court approval can violate a custody agreement. This is an especially sensitive topic. Removing the kids without consent can result in serious legal trouble.

Arriving late or not showing up

Even minor infractions add up. Repeatedly dropping off the child late, ignoring scheduled hand-offs, or skipping your parenting time can be violations.

Interfering with communication

Blocking calls, reading messages, or preventing the child from speaking with the other parent are also violations. Even brief interruptions or moments of frustration can lead to serious penalties.

Making decisions you aren’t allowed to

Most custody orders describe who can make big decisions about the child’s schooling, health care, or activities. If parents disagree and one goes ahead without proper permission, the court could view it as a clear breach of the arrangement.

Custody orders offer little leeway. Even something you did out of anger, stress, or without thinking can become a legal violation. Understanding the weight of each action can help prevent future complications.

Legal consequences of violating a custody order

Violating a child custody order in Maryland can bring serious legal trouble. Criminal charges range from misdemeanors with possible short jail time to felonies with longer sentences and larger fines. Below are the penalties you can expect based on different circumstances:

When a violation occurs within state lines

If a relative takes, hides, or keeps a child under age 16 within Maryland without crossing state or international borders for over 48 hours after demand, they can be charged with a misdemeanor. This carries up to 30 days in jail and a fine of up to $250.

When a relative takes a child to another state

If a relative takes a child and leaves Maryland for another state, this is illegal and can carry serious consequences. Breaking this rule comes in a few forms:

• Taking or kidnapping the child to a different state
• Keeping the child from their lawful guardian for more than 48 hours after being told to bring the child back
• Hiding or helping to conceal a child anywhere outside Maryland, while knowing you aren’t supposed to do this.
• Helping someone do any of these actions (even if they didn’t directly take the child).

Penalties for violating a custody order by taking the child out of state

The length of time the child is kept away is very important when determining penalties:

• If a child is gone for less than 30 days, the accused could face up to 1 year in jail and need to pay as much as $1,000.
• If the child is gone for more than 30 days, the possible penalty increases to up to 3 years in jail and a fine as high as $2,500.

When a relative violates an order by taking a child out of the country

Crossing a national border with a child when you do not have the legal right to do so can make the situation even more severe. It’s a crime not to give the child back within 48 hours after being asked, hiding the child outside the country, or helping someone in any of these ways if the child was taken unlawfully.

Possible penalties for leaving the U.S. with a child

If charged under this section, a person is still facing felony consequences, but the penalties increase:

• Up to 5 years in jail
• Fines as high as $5,000

These penalties make it clear how seriously Maryland takes situations where a child is removed from the country.

Family court actions beyond criminal charges

Family courts also handle violations. Civil contempt cases can lead to fines and court-mandated steps, like parenting courses or supervised visitation. Losing the court’s trust through repeated misconduct can mean a parent loses all or part of their custody rights.

Narrow legal exceptions – when a parent is allowed to violate custody orders

Maryland gives just one legal exception for breaking a custody order: immediate and clear risk to the child, like abuse or extreme neglect. Even then, you cannot just take matters into your own hands. The parent who took the action must file an official petition within 96 hours explaining the emergency that forced them to act, and stating that failing to act would have caused clear and present danger to the child.

How a criminal defense lawyer can help if you’re facing criminal charges for violating a custody order

If you’re facing charges for violating a custody order, it’s normal to feel overwhelmed and unsure where to turn. Fortunately, our legal team can help. Here’s how:

Negotiating with prosecutors to reduce or dismiss charges

An experienced criminal defense lawyer will speak directly with the prosecutor and explain why charges should be lowered or dropped. Knowing which points to raise and how to negotiate takes practice and a deep understanding of criminal law, so this isn’t something you should try to handle or explain away on your own.

Protecting your parental rights

Criminal accusations almost always impact child custody matters. The other parent or family member is likely to try to use the charges against you in family court, which risks your time and involvement with your children. A defense lawyer keeps these risks in mind when building a legal strategy.

Coordinating with your family lawyer

Legal matters often overlap. As your criminal defense lawyer, I can speak with your custody lawyer to make sure you have the best chance at protecting your freedom and your future with your child. We can make sure you don’t say something in one case that will harm your standing in the other case.

Our team can help at every step

Legal problems do not follow a nine-to-five schedule. That is why we’re available for you nights, weekends, and whenever you need answers. With over 20 years of experience handling criminal charges and supporting people whose criminal charges impact their family life, I can help you navigate this difficult process. Contact Drew Cochran, Attorney at Law, anytime to schedule a free consultation with a criminal defense lawyer.