Parents who divorce or start living separately can create their own custody orders. They may negotiate with one another and reach an agreement regarding how they intend to divide parenting time and manage major decisions for their children. If they don’t agree with one another, then they may litigate and ask a judge to settle their disputes.
Regardless of whether custody matters involve an uncontested or litigated filing, parents generally need to follow the terms outlined in the custody order. One spouse may consistently violate the terms of the order. They won’t communicate about the children or fail to show up on time for custody exchanges. In some cases, they may even turn the other parent away when they show up for parenting time, possibly while claiming the children don’t want to see the other parent. How can frustrated parents deal with a co-parent who does not respect the current custody order?
Keep careful records
Disputes are common in shared custody scenarios, and judges have usually evaluated many kinds of challenging situations. Judges typically do not defer to verbal claims made by spouses but instead require documentation if parents make allegations of misconduct against one another.
Keeping records of every missed parenting session or decision made without co-parent input can help validate allegations that one parent has violated the custody order. Cancellation notices sent via text message or a parenting app can help provide evidence of custody order non-compliance. Written records outlining attempts to interfere with a co-parent’s rights can also be helpful.
Request support from the courts
Occasionally, advising a co-parent that their actions have violated the custody order could lead to them changing their behavior. However, those willing to ignore or intentionally violate the terms of a custody order may continue their misconduct after receiving informal notice or a letter from a co-parent’s attorney.
A judge may need to intervene to resolve the matter. Family court judges have a few options at their disposal when addressing violations of a custody order. They can take actions to enforce the custody order, such as requiring makeup parenting time.
Consistent violations of a custody order might constitute contempt of court in some cases. Judges also have the authority to modify a custody order. If one parent has proven incapable of putting the children’s best interest first, a judge may decide to reduce their legal authority or parenting time.
Those dealing with frustrating violations of a custody order need to understand their rights and their options for taking appropriate action. Going back to family court is often necessary when one parent refuses to follow the custody order.