Adjusting to life after divorce can be extremely challenging, and the holiday season is one of the most difficult adjustments of all. With the help of a custody agreement, you’re creating new family traditions. But what happens if your ex-spouse decides they no longer want to follow the agreement?
This situation can be confusing and disruptive, but it isn’t hopeless. Take a deep breath and follow these steps.
Review Your Holiday Custody Agreement
Before you get in touch with your ex about their violation, take a moment to carefully review the agreement and double-check. If you mistakenly believe your former spouse is going against the agreement and confront them about it, it could lead to needless strife.
Looking over your custody agreement can also remind you of your rights. Before you get in touch with your ex about their violation, it’s a good idea to re-familiarize yourself with what your agreement says (and doesn’t say).
Communicate (and Stay Calm)
Once you’ve verified that your ex is actually violating the terms of your agreement, get in touch to remind them. Don’t rush to judgment! It’s easy to assume that your ex is intentionally violating your agreement, but it’s also possible that they have forgotten about or misinterpreted some of the terms. Staying calm and polite is important.
It’s also generally wise to keep this communication in writing. That way, if your ex is deliberately violating your agreement, you’ll have written evidence to show your lawyer.
Document Everything
Ideally, you and your ex will be able to resolve the situation with a conversation. However, if your ex continues to violate the agreement, make sure to document the following:
- Every communication with your ex
- Missed pick-ups or drop-offs
- Any interference with your scheduled parenting time
Keeping extensive documentation might seem tedious. However, if you need to sit down with a mediator or take your ex to court over custody agreement violations, the right documentation makes it much easier.
Contact Your Lawyer
As a parent, dealing with this situation can be frustrating and confusing. Your lawyer has helped countless parents navigate similar issues, and they can help you resolve this one, too.
In some cases, your lawyer might suggest mediation. This is where you and your ex sit down with a neutral, trained third party to help guide you toward a resolution.
In other instances, your lawyer might believe that it’s best to take your ex back to court. If needed, the judge may take action to enforce the terms of the agreement.
Having Trouble With Your Custody Agreement?
Regrettably, the challenges of divorce don’t always end when proceedings are finalized and you’ve worked out a custody agreement. Gucciardo Family Law is here to support you and your family before, during, and after divorce.
We understand the turmoil that custody disagreements can cause, and we’re determined to help you resolve them as efficiently and painlessly as possible. Contact us today to find out how we may be able to help you.
