Parenting plans give children stability and predictability after a separation or dissolution. When both parents follow the plan, everyone has a clear roadmap. The parent who doesn’t follow the plan by missing exchanges or denying parenting time creates stress and confusion. Knowing what to do if your ex violates a parenting plan can help you regain stability, and a multi-state parenting plan lawyer from Stange Law Firm, PC, can help you understand what to do next.
Handling Violations of a Parenting Plan
Violations can be a major source of stress during an already difficult time. It is natural to feel angry when the other parent is not honoring the agreement. However, if you want to enforce the plan and protect your child’s best interests, it is critical to think before you act and not respond out of emotion. The more you understand your options, the better you can respond thoughtfully and legally.
Types of Parenting Plan Violations
Parenting plans are necessary in order to create a stable and cordial environment for both the children and parents. About 40% of U.S.-born children are born to unwed parents, leading to the need for custody and parenting plans.
Parenting plan violations can be subtle or glaring. The most common examples include repeatedly returning a child late, missing exchanges, denying court-ordered parenting time, refusing to follow holiday or vacation visitation, or making significant decisions without the other parent’s input. In more serious cases, a parent may relocate without following legal procedures or intentionally prevent the child from communicating with the other parent.
Review Your Parenting Plan First
The first step to addressing a violation is to review the parenting plan or custody order itself. Make sure there is an actual violation of the written agreement. It may be a misunderstanding, or the issue may not be clearly addressed in the plan and instead be a gray area. Parenting plans are court orders, so it is not about what each parent thinks is fair. If you need to involve the court, it will also be important to know the exact language of your parenting plan.
Make Note of the Violation
Next, start a log or journal of every violation. Write down the specific incidents, including missed visits, late exchanges, denied phone calls, and so forth. Save text messages, emails, voicemails, and screenshots to document patterns of noncompliance.
Do not vent to the other parent, post online, or send hostile messages. Courts are more likely to take action when both parents have remained calm, factual, and focused on the child. Clear documentation may be the difference between an exasperating situation and a successful enforcement motion.
Attempt Communication or Mediation
If it is possible, in many cases, a conversation can resolve the problem. The other parent may not have realized they were violating the plan, or the plan may not have worked for a particular situation. If you cannot communicate directly or have limited contact, you may want to consider mediation.
Mediation provides both parents with a chance to express their issues to an impartial third party, which can be a more effective alternative to other dispute resolution methods. An informal approach might fail when parenting plan violations become frequent or deliberate, with an impact on your child’s welfare.
Enforce the Plan Through Court
If the other parent repeatedly violates a parenting plan, it may be necessary to ask the court to enforce it. The court can enforce a custody order using a number of different remedies, including make-up parenting time, fines, attorney’s fees, and more, depending on your state’s law.
If the violations are particularly egregious or repeated, a parent may even risk a modification of custody or parenting time. Judges typically respond negatively to parenting plan violations that prevent the child from having time with the other parent.
About Stange Law Firm, PC
Stange Law Firm, PC, is a multi-state family law firm exclusively dedicated to divorce, custody, parenting plans, modifications, and enforcement actions. The firm has offices in several states and works with clients to guide them through complex family law issues, practical solutions, and effective advocacy. If you are having trouble with a former partner over violations of a parenting plan, Stange Law Firm, PC, can help you explore your legal options and enforce your rights.
FAQs
Q: What Counts as a Violation of a Parenting Plan?
A: A violation is when one parent is not following the terms of a court-ordered parenting plan. Examples of violations are denying parenting time, chronic lateness for exchanges, not sharing important information about the child, or making unilateral decisions that go against the agreement. Actions that may seem small can amount to a legal violation if they are repeated many times.
Q: What Should I Do if My Ex Violates the Parenting Plan?
A: First and foremost, begin by writing everything down. Write the dates, times, missed visits, messages, and all of the attempts you have made at coming to a resolution. In many instances, this type of misunderstanding can be cleared up with polite written correspondence. However, if the violations are ongoing and/ or have an adverse effect on your child, then it is probably time to take formal legal action instead of trying to take care of things yourself.
Q: Can I Deny Parenting Time if My Ex Violates the Plan?
A: No, generally speaking. Retaliatory withholding of parenting time can easily backfire and paint you as the party not abiding by the court order. Remember that the court assumes that both parents will comply with the parenting plan unless it is modified or enforcement is ordered. Contact an attorney immediately if you have safety concerns, rather than taking matters into your own hands.
Q: How Do Courts Enforce Parenting Plan Violations?
A: Courts can enforce parenting plans by using contempt proceedings, make-up parenting time, fines, or attorneys’ fees. In some cases, a change in custody may result from non-compliance. Judges can and will hold parents to the parenting plans if they believe it’s in the best interest of the child. Parenting time violations that are serious or repeated will often result in increasingly serious consequences for the offending parent.
Contact Stange Law Firm, PC, Today
If your ex has violated your parenting plan, you can seek legal guidance for the safety and stability of your family. Contact Stange Law Firm, PC, today for assistance.
