My ex and I have a custody arrangment that is unique since he has a rotating work schedule. admin 2019-04-03T15:39:51+00:00 What if my ex-wife won’t follow our custody agreement or divorce order One of the most common issues our divorce lawyers in Tallahassee assist people with is enforcing family law judgments and custody agreements. In this situation, I might ask the court to grant my client sole custody since the mother has failed to comply, that the order no longer works under the current set of circumstances, and that the best interests of the child dictate a change in custody. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order. However, behaving appropriately in court is essential if you want to avoid jeopardizing your case and if you want to stay out of jail. They might not understand that it’s not your fault that you aren’t spending time with them. Reaching a child custody agreement can take a considerable amount of time, effort and emotional energy. My ex and I share joint custody of our 3 children, but he is custodial parent. It’s not always easy, and it may take some time and resources, but there are options out there. Contact the district attorney in your county. If Your Ex Violates a Custody Order, He or She May Receive a Warning. - Answered by a verified Family Lawyer We use cookies to give you the best possible experience on our website. Hi Jim, my husbands ex (they were never married) is not following the court ordered child custody agreement for their 7 year old son. Any time that a court order is violated, the person who violates the court order can potentially be held in contempt of court. What if my ex doesn’t want to change our custody or visitation agreement? This is important because you may think that your former partner is violating the child custody agreement, but that may not necessarily be the case. If your ex is not allowing you to see your children or is otherwise violating the custody order that is in place, you can file a motion for your case to go back to court. Custodial Interference Can Backfire. The family court judge might decide to amend the court order to give you more time with your children on an ongoing basis, or he or she might determine that your ex should not have custody of the children at all. Now may be the time to enforcing your parenting plan by filing a contempt action. A parenting plan does not need to be on any special form or be witnessed. This law firm website and legal marketing are managed by MileMark Media. If the other party in your case (divorce, custody or custody) does not respect the court`s judgment, it is important that you draw the court`s attention to this point. My ex is suppose to send my son (9 yrs old) home tonight after having a weekend with him. They may have been told things that were not true about you by your ex or others who are involved in their lives. Now, months or even years after the divorce decree was entered, your ex-spouse is not complying with the terms of the agreement or court order. At the time I was living in Mecklenburg county Charlotte NC now I am living in Gaston County Gastonia NC. What can I do? Punishment may come in the form of extra visitation rights, suspension of child support payments, and a change of custody. Your spouse might decide to go to court to get the order or arrangement obtained if: document everything. Which has been informed to me by my lawyer. Also, make sure that you behave appropriately, respectfully and professionally when you’re in family court. Generally, a court would prefer for the child to remain with the non-custodial parent, as it will cause less strain on a child's life. If your ex has been generally following the custody order until now, this can help your ex’s case. The most common form of a custody violation occurs when a parent is late to either pick up or drop off the child. Long story short, my ex is taking it upon himself to keep my child when he wants to, not returning her when he is supposed to, deciding to drop her off 2 hours late, etc. My ex was going to sleep one of the kids in a windowless room in the basement. For mistakes or first-time violations, other steps may be taken. Constantly picking up (or returning) the child late; Failing to stick to the general time sharing schedule; Disrupting your ability to communicate with your child; Unilaterally making important decisions for the child; Speaking negatively about you to your child; and. At the time I was living in Mecklenburg county Charlotte NC now I … I got joint physical care of the children. Ex not following custody agreement. If you have an attorney, have them write your ex or their lawyer a letter explaining why you think they are not following the parenting plan. You can change a custody agreement without going to court if you are able to come to an agreement with the other parent; however, if you and the other parent cannot agree, then you will have to go to court so a judge can decide. For example, the judge might determine that you should be granted “make-up time” to make up for the time that you should have been able to spend time with your children. The only reason someone behaves the way your ex is is to piss off the ex. Then it all changed in Jan. of 2009, his lawyer contacted mine and said he was going to stop seeing the children for a while. Some of your options include: Step 3: Consult with an Experienced Child Custody Attorney. How to Handle Parenting Plan Sabotage. This means that your ex could potentially serve time in jail. I'm wondering what I should do to get my son back tonight. It can sometimes be challenging to stay calm when you’re dealing with something as serious and important to you as a child custody case, particularly if your ex has not been cooperating. I replied to my ex's text stating that I felt changing the schedule with a two-day notice after 5 years would not be good for the kids. What to do if ex does not follow custody agreement. The contents of this website are intended to convey general information only and not to provide legal advice or opinions. Specific make-up dates can be scheduled between the parents. Thread starter ... but I have several questions, but they are all concerning my custody papers. Can a parent keep a child away from the other parent following a divorce? You might have been granted joint custody of your children, for example, or you might have been granted ample visitation. If they fail to live up to this obligation, you have the legal right to take corrective action. Keeps the child overnight despite the court order stating that she cannot. Contact us at National Family Solutions to find out how we can assist you. Most agreements state which parent holds decision-making powers for medical treatment, education, and other major decisions. Your attorney can help you properly assess the situation and determine the best way to protect your legal rights. I have offered her many options, been flexible and firm, but she is still ignoring the requests. Categories: Uncategorized. might just receive a stern warning in court, The Difference Between Estrangement and Parental Alienation, How a Separation Agreement Protects Your Child’s Best Interests, Creating a Winning Parenting Time Schedule, Understanding and Coping With Child Abandonment. Working to resolve the issue the appropriate and legal way is essential if you want to reduce the impact on your children. My ex spouse is not following the custody rules... Q&A. 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