co-parent breaks custody agreement

What do I do When a Co-Parent Breaks the Custody Agreement?

In some divorces, coming up with a mutually agreeable custody order is the hard part. Once the order is in place, the parents follow it and avoid unnecessary conflict. Other times, it’s not quite that easy. If one parent is unhappy with the court order or believes they deserve full custody, the other parent may have to deal with constant violations of the child custody agreement. If this happens to you, it’s important to take the appropriate steps to preserve your parenting time.

Not sure how to handle your custody issues? We’re here to help. Call Haygood, Cleveland, Pierce, Thompson & Short at 334-821-3892 to schedule a consultation now. `

Custody Order Violations

You might be unsure whether you’re dealing with custody order violations or simply a co-parent who is pushing the boundaries. Common violations of a custody order include:

  • Failing to arrive at the drop-off or pickup location on time
  • Refusing to return the children to you at your pickup or drop-off time
  • Not allowing children to talk to the other parent despite the terms of the court order
  • Refusing to follow a holiday custody schedule
  • Not communicating important information about what occurred during their custody time

High-conflict co-parents will often test the boundaries in multiple ways to see what the other parent will tolerate. If you are unsure whether something your co-parent is doing is a custody order violation or simply annoying, discuss it with your attorney.

Document Each Violation

It’s crucial to document each and every custody order violation. It may be helpful to have a separate notebook for these issues. When a violation happens, document the date, time, steps taken to attempt to resolve the issue, and the outcome. Note whether or not anyone else was present as the issue unfolded, as they can corroborate your story. This documentation can be helpful to you if you go back to court.

Try to Discuss the Issue

It’s always better if you can sort these problems out informally outside the courtroom. If you do have to take the issue to court, you’ll both be out significant time and money for attorneys’ fees. On top of that, going back to court frequently can make it very difficult for you to co-parent effectively.

When you are ready to broach the issue, bring it up with your co-parent at a time that the child is not with either of you, is in school, or is sleeping. You do not want them to observe your conflict, as that may also violate your custody order.

Notify the co-parent that they are in violation of your custody order and cite the specific part of the order being ignored. Explain how you would like the issue rectified and frame it as something you can work on together. If you receive pushback, you may choose to tell them that you will consider your legal options.

This depends largely on the nature of your relationship. For some, telling them you are contacting your lawyer will make them stop ignoring the custody order. For some, it will make them even more contentious.

File a Motion for Contempt

If all attempts at negotiation fail, it’s time to file a motion for contempt. This notifies the court that the other parent has failed to meet the terms of the custody agreement and has violated your rights as a parent. In court, the other parent will have to explain why they violated the court order and why they think they should be let off the hook.

The judge will typically force them to rectify the situation and notify them of further consequences if they continue to escalate the issue. It’s important to have proper documentation of each breach of the custody order if you decide to go to court, as the other parent may try to deny what they’ve done.

Choose Haygood, Cleveland, Pierce, Thompson & Short for Your Family Law Needs

Coparenting with a high-conflict ex is challenging and mentally draining, but you don’t have to face these difficulties alone. The team at Haygood, Cleveland, Pierce, Thompson & Short can help you tackle custody concerns. Get in touch with us online or call us at 334-821-3892 to get started now.

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