How do I enforce custody orders?
Ryan M. GardnerRyan M. GardnerEnforcing custody orders in Indiana requires prompt, methodical action to protect a child’s stability and a parent’s legal rights. When a parent refuses to comply with a custody or parenting time order, the aggrieved parent should first attempt to arrange make-up parenting time with the other parent. The parent who has been denied parenting time is entitled to make-up parenting time of their choosing, within thirty (3) days of the lost parenting time. That parent should also be sure to document violations (dates, times, communications). If the request for make-up parenting time fails, the aggrieved parent should file a verified petition to enforce the custody order with the court that issued the original decree.
Indiana courts have several enforcement tools. A common procedure is a show-cause or contempt hearing, where the non‑complying parent must explain their conduct. To succeed, the moving party typically must prove the order existed, the other party knew of it, and the conduct was willful. If the court finds the offending parent in contempt, it has discretion to impose sanctions designed to coerce compliance and vindicate the court’s authority.
Sanctions for contempt in custody matters may include monetary fines, attorney’s fees, make‑up parenting time, modification of custody or parenting time, supervised exchanges, or, in severe or persistent cases, imprisonment for a limited period. Courts generally prefer measures that restore compliance and serve the child’s best interests but will use coercive penalties in extreme or habitual circumstances.
Because contempt proceedings are fact‑specific and can have serious consequences, parents should consult a family law attorney to assist them in that process and advocate on their behalf at hearings. An attorney can also advise on emergency relief options if a child’s safety is at risk.
