What Should I Do If My Ex Isn’t Following Our Custody Plan?

When you and your ex-spouse created a custody plan, there was likely an agreement that both parties would abide by the agreed-upon terms. However, if one party isn’t following the custody plan they agreed to – it can be difficult to know what steps to take. Raising children after divorce is complicated, and it takes significant effort from both parents in order for everything to run smoothly.

Let’s explore what you can do when your ex isn’t respecting or following through with the custodial agreements in place.

Custody orders provide structure and stability for parents and children, but unfortunately, these orders can often be violated. Common violations of custody orders include failure to comply with visitation timelines, bringing the child back late from visitations, disrespectful behavior towards the other parent, or refusing to make child support payments as previously established by court order. Some even go so far as to move away without informing the other parent or changing their address without notifying the court.

When it comes to enforcing custody orders, the courts play a key role in upholding the current court order agreements. They take a strong stance on parents adhering to their outlined court orders and will not hesitate to issue citations or other penalties if they are not abided by. Through warrant issuing, courtesy letters, parental education programs, contempt process, and detainment of individuals who do not follow the orders, courts can be instrumental in making sure both parties involved stick to the mandated terms. With active monitoring and strict enforcement capabilities that come along with full legal support from the judiciary system, the courts offer formidable power to ensure all custodial arrangements are properly adhered to.

It is important for anyone involved in a custody order to document all violations, as this helps show that you are taking the issue seriously. When someone violates a custody order, documenting the times and dates of all incidents is valuable when seeking legal recourse. Additionally, having accurate documentation makes it easier for those who enforce custody orders to investigate and make decisions regarding modifications or enforcements. Ultimately, by documenting when an alleged violation has taken place, you are taking an important step in protecting your rights and those of your children.

If your ex-spouse is consistently violating custody orders that have been put in place during or after settling the divorce, you should contact a family law attorney as soon as possible. Not only can they provide further direction and options in working with your partner to find an arrangement that works for both parties, but they can also take steps to ensure that the court’s ruling is enforced. As a result, you will no longer be powerless in a difficult situation – your attorney can provide the legal assistance needed to enforce determined custody rules.

You may wish to officially change your custody plan in order to avoid future violations and headaches. To request a formal order modification, contact a strong legal team that specializes in this area. A lawyer will advise you on the legal processes required, such as filing the necessary paperwork and attending court proceedings. They will also provide guidance as to how to prove during such proceedings why it would be beneficial for the plan to be modified. Modifying custody orders due to the potential of future court violations is a proactive measure that parents can take to ensure their children are in the best possible situation.

At Fenchel Family Law PC, our team of legal professionals has over 20 years of combined experience in the field of family law, providing knowledgeable and reliable counsel for clients throughout the Bay Area. We are dedicated to helping families navigate even the most complex legal issues with ease and understanding.

If you are currently experiencing issues regarding your custody order, reach out to our team to discuss your legal options and how you can take your life back. Call us at (415) 805-9069.