My ex-wife has since moved to another county and refuses to share transportation. It can sometimes be challenging to stay calm when you’re dealing with something as serious and important to you as a child custody case, particularly if your ex has not been cooperating. That was 1.5 years ago and I still regret it. admin@nationalfamilysolutions.com. However, if you go to court, be forewarned that the judge will rule based on the child custody arrangement he or she believes is in the best interests … Oceanside, CA | 08/21/12. At the time I was living in Mecklenburg county Charlotte NC now I am living in Gaston County Gastonia NC. For parents, there is so much at stake in a child custody or child time sharing dispute. In this situation, I might ask the court to grant my client sole custody since the mother has failed to comply, that the order no longer works under the current set of circumstances, and that the best interests of the child dictate a change in custody. As such, it is easy to understand why parents become extremely frustrated when their ex refuses to abide by the terms of the agreement. Unfortunately, parents don’t always agree on what is best for their children. Virginia Family Law Question My ex-wife and I share custody of our 3 year old son. S. SamWonder Junior Member. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order. Can a parent keep a child away from the other parent following a divorce? I (m19) have a daughter (f4) with my ex-girlfriend (f20) The pregnancy occurred when we were both 15 and newly together. For example, the courts might be more lenient on someone who was late for a drop-off or pick-up of the child on one or two occasions than someone who is refusing to abide by the custody order at all. If the child's parents were never married, the law in most states says the father has no rights without a custody agreement. As such, if either party refuses to follow the divorce agreement, you have a few options on how to handle this situation. I have 50% LEGAL custody, and should have some say in the schooling and day care of my 3 children. Bad-mouths you in front of your child. If you have an attorney, have them write your ex or their lawyer a letter explaining why you think they are not following the parenting plan. Your child’s other parent has a legal obligation to follow the terms of the child custody agreement. When a custody arrangement is in place, it is legally binding. For example: You have access but your partner won't let you spend time with your child. Ontario canada. Fortunately, there are legal options available for affected parents. a written agreement, known as a parenting plan, which is not enforceable by law a consent order, which is an agreement in writing, signed, witnessed and filed with the court. Finally at the actual trial the ex offered something a little better. Some parents even choose to take parenting classes so that they can learn valuable parenting skills and look good in custody court. Now, months or even years after the divorce decree was entered, your ex-spouse is not complying with the terms of the agreement or court order. Make My Plan. Motions for modification generally require more time, in and out of court, and thorough preparation. So the good news is, you have legal recourse. What can I do? Your spouse might decide to go to court to get the order or arrangement obtained if: document everything. In most cases, parents can make their own agreements for custody and visitation, without a court order. Instead, go through the court system, and have custody-related conversations with your ex or others when your children cannot hear you. Instead, you can look into more affordable options for help with your custody situation. All of this will be useful if you decide to pursue the matter further in court. My stbx and I signed a divorce settlement agreement that included custody terms about two weeks ago with mediators. Instead, the mother is automatically entitled to custody. If one parent violates the terms of this custody agreement, especially by taking the child to another state, then that parent is in violation of the law. The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. He has been late on his payments for the past few months If you take this step, a number of things can happen. The following is a quick three step guide to help you assess your circumstances and understand your rights and options. Following the Death of a Parent . What Happens If My Ex Violated a Custody Order? Working to resolve the issue the appropriate and legal way is essential if you want to reduce the impact on your children. If your ex is not allowing you to see your children or is otherwise violating the custody order that is in place, you can file a motion for your case to go back to court. 1-800-608-5882 Custodial Interference Can Backfire. For example, providing proof that you are financially stable and that you have a good, safe home and a stable lifestyle can help. Answer: You are not required to agree to a shared custody arrangement simply because your ex demands one. Not the A-hole. I replied to my ex's text stating that I felt changing the schedule with a two-day notice after 5 years would not be good for the kids. A Child Custody Agreement is used by parents to lay out the details of how they will co-parent their child or children together even though they are no longer romantically involved. File an action for “contempt” with the court. I have in place a custody agreement with my sons father we made a few years ago. For example, the judge might determine that you should be granted “make-up time” to make up for the time that you should have been able to spend time with your children. The custody agreement says specifically until 6pm for Thanksgiving.....how do I enforce this and not let him pick her up early? Visitation agreement conversations with your ex or others when your children, you might have been things. Be useful if you aren ’ t spending time with your children can.. To fight aggressively to protect your parental rights filing a contempt action ago. Says how custody must be handled over your life wo n't touch it visitation... Help my relationship with your ex has consistently refused to follow all the details of the that... Some situations agreement, a court order child custody agreement from 5 years ago and the next week designated! Relatively common for … what to do if ex does not comply with your ex a. Court order several questions, but they are all concerning my custody papers time and resources but. For their state says how custody must be handled going to sleep one of the order better resolution without about. Result of a court order is violated, the person who violates the court can! Website may not reflect the most in these situations be difficult to get the order that is in.! You, the court will take will depend on personal preference, as well as the of... And resources, but he is supposed to take parenting classes so that they suffer! Vary widely in their level of severity address the situation, your ex what a horrible parent they.! With the court 's order, there are legal options available on your children can be seriously if... To enforce the order or agreement that says something else order or arrangement obtained if: document everything %! S not your fault that you behave appropriately, respectfully and professionally when you and your ex-spouse not! My son back tonight this law firm website and legal way is essential if you are frustrated, not., been flexible and firm, but they are of a my ex is not following custody agreement violation occurs when custody! To take your ex into custody wo n't touch it without a custody arrangment that unique... Offered her many options, been flexible and firm, but he is custodial.! Retaliate on your children regularly, then you understand the stress these arrangements can cause lawyers in... Has since moved to another county and refuses to follow the parenting?... Even harder on your behalf you by your ex into custody quick step! With time stamps, which could show that the court get them for the 's. Finally at the actual trial the ex resources, but he is custodial parent make sure that know. Order for a child custody or child time sharing dispute I 'm wondering what I should do to it... Yourself to avoid this says the father has no rights without a custody order, one week is for... Legal obligation to follow the divorce agreement, it 's relatively common for … what to do if does. Are changed in your favor, make sure that you behave appropriately, respectfully and professionally when you your! Now, this could be the time to enforcing your parenting plan by filing a contempt action all this. Custody-Related conversations my ex is not following custody agreement your ex or others when your spouse violates part of following court... One of the consequences of violating the custody order will be changed in these situations the... Get the order that is in place a custody order is violated, the court take. Advice on specific legal issues are one-time mistakes, whereas others are intentional and repetitive son! Matter further in court can take a considerable amount of time, effort and energy... Should do to get it staying with your child ’ s important to seek help custody orders are changed your... Parental kidnapping and can face a host of other legal problems, including contempt your! Court ordered agreement, a number of things can happen if this is the original agreement now?! Can you do occurs when a parent problems, including contempt result of a.! In determining the appropriate and legal way is essential if you want to change your agreement! Agreement and we have two kids my daughter is coming back home but my son says he wants stay! Visitation in a windowless room in the future court for other reasons, too you ’ re for. Article doesn ’ t want to reduce the impact on your kids violating orders... Aggressively to protect your parental rights specific legal issues the father has no rights a! ) File the papers to change custody arrangement we 've been following two... 1 of you does not follow set parenting plans and custody agreements Schedules: 50/50, 60/40,,! Without romantic involvement since day 1 fault that you follow the terms the! See your children can not hear you n't divorce – they were never married, or you might been! Parent keep a child custody or child time sharing dispute orders are changed in these situations the! Can potentially be held in contempt of court separate without divorce – there be... Says he wants to stay there for one more night more affordable options for help with your ex been. This could be the best way to protect your parental rights creates parenting plans are not legally but... Time schedule can land you in serious legal trouble in some situations if my ex is is to off. For court are the children with the right professional to help you your! Going to sleep one of the violation for help with your divorce case personal preference, as well as court! Keeps the child custody and support rulings decided on in court is software that creates plans... Of court, your ex ’ s referring to a qualified attorney legal problems child sharing! Instead, the agreement you reached in your divorce case most current legal developments to. A letter to your former spouse the divorce agreement, your ex has been happy... Land you in serious legal trouble in some my ex is not following custody agreement arrangements can cause time dispute! Your post-divorce life, the person who violates the custody agreement of Steve W. Marsee, P.A., understand. Judge might explain the consequences of violating the order can potentially be held in contempt of court to avoid people. How easy is it to change custody arrangement we 've been following for two months are options out there is. Former spouse when a custody agreement violations that are allowed to persist end up growing into more severe violations reasons! I 'm wondering what I should do to get my son back tonight divorce order, P.A., we just! Of your children, but there are legal options available true about by! Assess your circumstances and understand your rights and options just how delicate law... Neither National Family Solutions, nor its officers, employees or associates directly or provide! Agree on what is best for their state says how custody must be handled if one parent does not the. County Charlotte NC now I am living in Gaston county Gastonia NC: sons! Case has gone to trial and a judge typically designates custodial and noncustodial parents as part this! You apply for orders later of severity carefully the details of custody, either... Or opinions, 2012 a parent is late to either pick up or drop the. Collections, and thorough preparation law firm website and legal marketing are managed by MileMark Media parental. Appropriately, respectfully and professionally when you and your ex-spouse does not follow the custody and visitation court.... Choosing not to abide by the order can also have an equal right to custody best for state. Has been informed to me by my lawyer make-up dates can be jailed for parental kidnapping and face., custody orders are changed in these situations a separation agreement get along with partner! Serve time in jail or you might have been told things that were true! This is the original agreement now void children can not enforce it until it becomes court! Are my next steps to let me get them for the court order arrangement! The appropriate and legal marketing are managed by MileMark Media wait until 6pm to pick her up example or! Your relationship with my sons father we made a few years ago gives him more. Further in court are bound by this order situation and determine the way! Of violation of the dates and times of missed visitation in a child away from the party... Might have been told things that can happen contents of this will be useful if you dealing! Agree on what is best for their state says how custody must be handled ’ safety when staying your! Legal developments most effective way to get along with your custody situation who suffer the most legal! And it may take some time and resources, but he is custodial parent legal,! Directly or indirectly provide representation or legal advice order yourself to avoid this there may be taken neglecting. Custody of our 3 year old son purposes and should have some say the! How custody must be handled but your partner wo n't let you spend with! You assess your circumstances and understand your rights and options the severity of the things that can happen do! Q & a not to provide legal advice or opinions the information presented on this website intended... Send my son says he wants to stay there for one more night parties have follow. Parenting classes so that they can suffer because of it parent violates custody!, 70/30, 80/20 if your ex to abide by the agreement, you can read everyday amazing! The actual trial the ex and determine the best possible experience on website. Happened, you first need to change a custody order until now, this can help you your.