5 Steps to Take if Your Ex Is Violating Custody Agreements

Getting a custody agreement finalized can be a long, difficult journey. Watching your ex violate that agreement time after time only adds to your frustration.

While successful co-parenting often depends on each parent’s willingness to be flexible, blatantly ignoring the rules set out in a custody agreement is another issue. Learn what to do when your ex’s custody agreement violations have become a problem for your family.

5 “Dos” When Your Ex Doesn’t Respect a Custody Agreement

The first time an ex-spouse brings your child home late after a weekend visit, you’ll most likely let it slide. However, when the occasional missed deadline turns into an obvious disregard of your custody agreement, it’s time to take action. Here are five steps you can take when you find yourself in this situation.

1. Document the Indicents

Writing down each violation may seem like a petty thing to do. However, it can actually help you and your ex see exactly what’s happening.

Complaining that your ex-spouse brings your son home late every Sunday sounds like an exaggeration. But if you’ve got a calendar noting all the times your son has been dropped off late, your complaint carries more weight. Make sure to write down the date, time, and any relevant description of the incident when an agreement is violated.

2. Talk to Your Ex

If the two of you can still communicate constructively, speak with your ex about the violations. They may not realize how frequently they are dropping off or picking up late. If possible, having an honest heart-to-heart discussion could resolve the whole problem.

Even if that type of discussion isn’t possible, let them know you’re concerned about the frequent violations. Don’t make threats, and do your part to keep the discussion civil. Suggest using a mediator to consult on a new agreement if appropriate.

3. Change the Custody Order

If the original custody order isn’t working in real-life applications, it’s alright to change it. You can file to modify the custody arrangement in ways that make life easier for everyone, especially your children.

4. File a Contempt Action

Filing a contempt action is your way to tell the court your ex isn’t keeping the arrangement they legally agreed to. If the court finds your ex has been violating the order, a judge may issue a number of remedies.

For example, suppose that your ex took your child to Disney World for spring break instead of sharing the vacation time with you as per the custody agreement. In that case, you might be entitled to extra visitation days.

5. Speak With a Qualified Attorney

Ask your divorce attorney or an attorney with experience in child custody disputes for advice. The lawyer can send a letter reminding your ex they are breaking the law when they violate custody agreements. If needed, your lawyer can file a motion of contempt, which will force your ex to comply with the custody settlement or be penalized.

Don’t Ignore Custody Violations

Custody agreements are put into place for a reason. A reliable visitation schedule makes things easier for both parents, but most importantly, it makes things easier for the child. Contact Gucciardo Family Law today for more information about dealing with custody violations.