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What Happens if My Ex Won’t Follow the Parenting Plan?

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What is a Parenting Plan?

A parenting plan is one in which instructs divorced parents on how to proceed with their children’s care and co-parenting duties. Parenting plans are admitted to the courts for approval during a divorce or child custody case to ensure the agreement has the children's best interest in mind.

However, when one parent consistently violates the parenting plan agreement, there are some steps to take to rectify the situation. Here’s what you need to know.

What is Considered a Violation of the Parenting Plan?

Violations of a parenting plan may include the following actions:

  • Intentionally or repeatedly violating time-sharing days.
  • Failing to return the children to the other parent on time (or at all).
  • Attempting to alienate the children against the other parent.
  • Refusing to allow the other parent to see the children as outlined in the parenting plan.

If your ex-spouse has been inconsistent with sticking to the parenting plan agreement, read on to learn the steps to rectify the problem.

Steps to Take if Your Parenting Plan Isn’t Being Followed

If your ex-spouse has been inconsistent with sticking to the parenting plan agreement, here are some steps to take in rectifying the problem:

Document the Violations

Documentation is paramount to proving that your ex-spouse has violated parenting plan agreements. Keep a calendar or diary and record the days and times your ex-spouse has failed to hold up their end of the parenting agreement. Keep detailed notes that show when the child has been returned to you or if they fail to notify you regarding important events with your child. Keep correspondence such as text messages and emails showing your attempts to solve the issue.

Attempt to Address the Problem Without Going to Court

If possible, try to talk to your ex-spouse about the violations to come to a solution. If you need help, an attorney can draft a letter to your ex-spouse or their attorney explaining why you feel that the parenting plan isn't being followed. If you cannot resolve the issue outside of court, read on to learn how filing a motion for contempt can help.

File a Motion for Contempt

After reasonable attempts with your ex-spouse did not rectify the issue, filing a motion for contempt may be the solution. Should you need to file a motion for contempt, it's critical to enlist the help of an experienced divorce attorney to construct a well-documented outline of your ex’s contemptuous act regarding the agreed-upon parenting plan.

Considering Divorce? Contact a Jacksonville Divorce Lawyer For Help.

Filing for divorce, especially when children are involved, can be both complicated and emotionally taxing. However, seeking support from a skilled divorce attorney can ensure you and your children are protected under Florida laws.

If your ex-spouse is in violation of your parenting plan, or you are considering a divorce, we are here to help. Our experienced Jacksonville divorce lawyers will guide you through the process and ensure your rights are protected.

Contact Owenby Law, P.A. today at (904) 770-3141 to schedule a free initial consultation with our team.

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