What can you do if your spouse is not following the Parenting Plan or the Child Custody Agreement and how can enforce it?
It can be difficult dealing with a spouse who doesn’t follow your child custody agreement and sometimes legal intervention might be needed to enforce it. It is difficult enough dealing with joint custody; your spouse breaking the agreement only makes matters worse.
Identify That Violations Are Being Made
Every child custody agreement differentiates itself from others. The first thing you should do is read through your agreement thoroughly and understand it well. This is the agreement that was agreed upon during mediation or that was court ordered by a judge. By carefully reading through this agreement and understanding the terms, you’ll be able to know if your spouse is, in fact, violating any of the terms on the agreement. If this is the case, legal action may be necessary.
Enforce The Agreement
If your spouse is violating the agreement or court order, and your spouse will not be reasonable, your first step should be filing papers with the court in the form of a Motion for Contempt or Enforcement. Since your spouse is violating the agreement, the judge can penalize them for violating any terms. If found in contempt, the judge may impose a make-up timesharing schedule, added child support and legal fees.
It is not a good idea to allow your spouse to continually violate any of the terms of the Parenting Plan. If you feel that something must be changed in the agreement, you should make a request with the court to modify it.
If you feel like your spouse is violating your child custody agreement or have definite proof that they are, talk to your lawyer about what the best way to go about documenting the violation. Keep any text messages, emails, voicemails that can be used as proof that your spouse is violating any terms. Another common way to document any violations is having a calendar and noting on the specific date and time of the violations.
The Klein Law Group Is Here To Help
If you have a spouse that has violated your child custody agreement, The Klein Law Group can help answer any questions you may have. Our attorneys are effective, reliable and knowledgeable professionals. Contact us at: 561-353-2800 today!