Parenting plans are more than just guidelines. They are court-approved roadmaps for how parents share responsibilities, time, and decision-making for their children. When one parent violates the plan, it can disrupt stability, create tension, and (in many cases) lead to legal consequences. In Pennsylvania, especially in child custody matters, courts take parenting plan violations seriously.
In this post, we’ll explain what constitutes a violation, what legal options exist, and how Maribeth and her team at Blessing Law supports families in enforcing or modifying parenting plans.
Understanding Parenting Plans & Their Legal Weight
A parenting plan (also called a custody or shared parenting agreement) typically outlines:
- A schedule for when the child lives with each parent
- Decision-making responsibilities (for example, education, healthcare)
- Communication rules, holiday plans, and contingency terms
Under 23 Pa. C.S. § 5331, in a contested custody proceeding, Pennsylvania law permits a court to require that parents submit a parenting plan. Once a judge incorporates that plan into a custody order, it becomes legally enforceable, not merely a private agreement. Violating that order may lead to enforcement measures under Pennsylvania law.
What Qualifies as a Parenting Plan Violation?
Violations can take many forms. Some common examples include:
- Unauthorized schedule changes: keeping the child beyond the agreed pick-up time without consent.
- Refusing to allow court-ordered parenting time: denying access or visitation without valid reason.
- Ignoring decision-making clauses: making major decisions unilaterally, without consulting the other parent (school, medical care).
- Violating handoff or notice rules: ignoring rules established in the parenting plan for exchanges or notification protocols.
- Repeated minor infractions: a singular breach might not prompt further action, but a pattern over time may suggest bad faith or contempt.
The seriousness, frequency, and impact of a violation often influence how the court might respond.
Legal Remedies When a Parenting Plan Is Violated
When a parenting plan is ignored, Pennsylvania provides several enforcement tools:
Contempt Proceedings
A parent may petition the court to hold the violating parent in contempt. If willful noncompliance is shown, civil contempt can result in fines or coercive measures to force compliance. In very rare and extreme cases, criminal contempt may also be considered. Generally, courts prefer remedies aimed at restoring compliance rather than punishing parties.
Seeking Modification of the Plan
If violations suggest that the existing plan no longer works, a parent can petition the court to modify custody or parenting time. Under 23 Pa. C.S. § 5328, courts evaluate the best interests of the child using specified statutory factors, including safety, continuity, parental cooperation, and more.
(Note: Pennsylvania’s child custody law was recently amended. Act 11 of 2025, effective August 29, 2025, introduces a streamlined framework for evaluating the best-interest factors in custody cases, consolidating them from 16 to 12.)
Supervised Visitation or Restricting Access
In serious cases, especially for those involving safety concerns, the court may order supervised visitation or impose restrictions rather than granting unfettered parenting time.
Attorney’s Fees & Costs
When a parent must pursue legal action to enforce a plan, the court may award attorney’s fees and legal costs, particularly in circumstances involving repeated violations or bad faith.
Alternative Dispute Resolution (ADR)
Courts often encourage mediation, arbitration, or parenting coordination as less adversarial means of resolving conflict. Our approach draws on principles of collaborative law to help parents pursue resolution before formal litigation. If you engage Blessing Law, Maribeth and her team can assist by facilitating settlement discussions, crafting agreement terms, or preparing petitions if ADR is unsuccessful.
What Parents Should Do After a Violation
If you suspect your parenting plan is being violated, consider these steps:
- Document each occurrence: note dates, times, communications, and witnesses.
- Notify the other parent, using the method specified in your plan (e.g. text, email, mail).
- Request remedy: try negotiation, mediation, or collaborative discussion first, if safe and feasible.
- Consult a Montgomery County family law attorney at Blessing Law before filing any petition.
- File a formal petition, if needed, asking for enforcement or modification.
- Prepare your evidence: show how the violations impact stability, parenting rights, or the child’s best interests.
- Act early: violations over time risk becoming accepted behavior, making enforcement harder.
How Blessing Law Helps with Custody & Parenting Plan Violations
At Blessing Law, our team of Montgomery County family law & divorce attorneys and collaborative practitioners help clients navigate parenting plan violations and custody matters with dedication, balance, and steady advocacy. When you retain us, here’s how we support you:
- Collect relevant evidence, including logs, communications, records, and affidavits.
- Evaluate whether the violation warrants enforcement, modification, or negotiation.
- Facilitate mediation or settlement discussions before pursuing litigation.
- Assist with filing and representation of enforcement or modification petitions when needed.
- Advocate with a child-first perspective to preserve stability, consistency, and welfare.
With experience across Bucks, Montgomery, Philadelphia, and neighboring counties, we strive to protect your rights, preserve family relationships, and help you move forward with dignity and a realistic plan, keeping your child’s best interest at the forefront.
Next Steps & Support from Blessing Law
A violation of a parenting plan can bring stress, tension, and uncertainty, but you don’t have to face it alone. Our Montgomery County child custody and family law attorneys at Blessing Law stand ready to listen, advise, and support you whether through mediation or, when necessary, court action.
Contact us today for a consultation. Let us help you take the next step with confidence.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.