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What happens if a parent refuses to follow a custody order?

On Behalf of Horvath & Pelkey, LLP | Mar 6, 2026 | Family Law

You worked hard to secure custody and parenting time orders in Indiana to protect your time and your child’s safety. When your co-parent ignores the order, it can feel frustrating. You may worry about missed exchanges, unsafe choices or sudden changes that put your child at risk.

However, custody and parenting time orders are binding, not suggestions.

When a custody order is ignored in Indiana

Indiana courts expect both parents to follow custody and parenting time orders. Custody determines who makes important decisions, while parenting time sets the child’s schedule with each parent.

When your co-parent refuses, the court can find them in contempt. However, contempt is not automatic. State law requires a clear order, willful disobedience, notice and a hearing.

Judges take repeated violations seriously and can use several tools after a hearing, such as:

  • Extra parenting time to make up for what you lost
  • Payment of your attorney fees
  • Fines or other sanctions
  • Changes to orders in serious cases

These remedies aim to restore stability and send a clear message that court orders matter. If your co-parent’s conduct continues, the pattern can shape future custody decisions under Indiana law.

When noncompliance becomes a risk to your child

Some violations go beyond scheduling disputes. You may face missed returns, unsafe supervision or behavior tied to substance misuse. This may prompt you to fear for your child’s physical or emotional well-being.

Indiana courts draw a clear line between minor conflict and conduct that endangers a child. If your co-parent’s actions create real risk, you can seek emergency relief in the local court. Emergency orders are reserved for situations where a child faces immediate danger and courts rely on clear documentation to assess the threat.

It is important not to retaliate by withholding parenting time or changing exchanges on your own as judges review the facts closely. They look at patterns, credibility and documented concerns.

Consistent interference with parenting time can also support a request to modify custody when the child’s best interests demand it.

Protecting stability when it matters most

You need more than promises. You need stability and accountability. Indiana law gives you options when a co-parent ignores the custody order. Steady legal guidance may also help you protect your rights and your child’s safety during a critical time.

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