Steps to Take if Your Former Spouse Violates Your Parenting Plan
The majority of divorce cases that involve minor children require a parenting plan. Parenting plans establish when each parent will spend time with the child and which parent can make important decisions on the child’s behalf. After a family court has approved a parenting plan, it is final and legally binding. Still, people do not always comply with the terms of the plan, leaving the other parent to wonder if they have any recourse. Below, our Tampa parenting plan attorney outlines what to do if your former spouse has violated your plan.
Collect Documentation
Any time your former spouse fails to comply with the parenting plan, keep detailed notes of the incident. Record the times, dates, and specific details of any missed drop-offs or pick-ups. Also take note of how the violation impacted your child. For example, perhaps they experienced emotional distress if they were not picked up on time, or maybe the child missed school because they were not dropped off on the designated day.
If there are emails or text messages regarding the violation, it is also important to keep these. All of this documentation can strengthen your case if you need to take legal action in the future.
Speak with Your Former Spouse
Not all parenting plan violations require legal action. Before taking any legal steps, reach out to your former spouse and try to diplomatically address the situation. Unexpected circumstances or misunderstandings are sometimes the root of violations.
When speaking with your former spouse, it is important to remain respectful and keep conversations centered around your child. Also, try to avoid combative, argumentative, or defensive language and try not to accuse the other parent. Communicating with your former spouse using texts or email messages can document any conversations between you and your former spouse.
File a Motion for Contempt
You may have to file a motion for contempt with the court if the other parent violates the plan without reason or does not show signs that they will comply in the future. Your attorney can file a petition with the court and you will attend a hearing where you will present evidence of the violation. At the hearing a judge will make a decision and determine penalties for the violation, including compensating you for missed time, fines, and possible modifications to the parenting plan.
Contact a Parenting Plan Attorney in Orlando
Parenting plans are meant to create a stable environment for the children by ensuring harmony in co-parenting arrangements. When either side violates the plan, it can create a great deal of stress for everyone involved. At Florida Law Advisers, P.A., our Orlando parenting plan attorney can review the facts of your case, determine if a violation occurred, and advise on the next steps to take. If necessary, we can also represent you in court and give you the best chance of a successful outcome. Call us now at 1 (800) 990-7763 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
