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What To Do (and Not To Do) When Your Former Spouse Refuses to Follow Custody Orders

The most difficult part of divorce, for most individuals, is the fact that they now have to split up their time with their children. Child custody agreements are difficult for parents to come to, as each parent feels that he or she deserves more time with the children than the other. However, while most parents may feel upset with their new “part-time” parenting status, they generally make the best of the parenting time they are given. Then there are those parents that try to take matters into their own hands, and refuse to follow the child custody court ordered arrangement.

If your former spouse is the latter type of individual, and if he or she is making it difficult to keep your child on normal, consistent custody schedule, it may be time to speak with a Boca Raton child custody lawyer. At our office, we can provide the legal assistance you need to work through and resolve custody issues.

What to Do When Your Former Spouse Breaks the Court Ordered Agreement

If your former spouse is making it difficult for you to see your child, or even vice versa – he or she does not show up for their own parenting time – it can make your life extremely difficult. Not to mention, breaking court orders is illegal, and highly frowned upon by the courts. From putting your son or daughter through needless emotional turmoil, to being unable to keep any semblance of a schedule in your life, a contemptuous former spouse can get very frustrating very quickly. However, while we understand the difficulty of such a situation and how frustrating it can be, there are steps that you should take, and actions you need to avoid, in order to set things to rights.

Here is a list of some things you can do to help you resolve the situation:

  • Have your attorney send a letter to your ex, informing them that if they continue to break the court orders, there will be legal repercussions;
  • Request mediation services, which serve to help you and your former spouse work through any misunderstandings or points of contention;
  • Request a change in the custody agreement;
  • File a motion for contempt of court, which, if your former spouse is found guilty, may result in fines, legal fees, and even imprisonment;
  • Call the police, who may be able to help you in the event that your former spouse will not let you see your child on your time; and
  • Document everything, which will serve as proof in the event that you do have to take the matter before a judge.

Things you should avoid doing include:

  • Do not try and get even by breaking the custody agreement yourself, as doing so will make it difficult for the judge to side with you;
  • Do not talk badly of your former spouse in front of your child, as this is considered parental alienation and is grounds for custody modification;
  • Do not pack up and move away with your child, as this is illegal;
  • Do not go to court over minor violations, as doing so will only make it difficult for the judge to take you seriously in the event of a major violation; and
  • Do not assume you can handle this yourself, and retain the legal assistance of a Boca Raton child custody attorney.

Consult a Boca Raton Child Custody Attorney

Our main goal is to help you come to an agreement that not only you and your former spouse can agree on, but that is also in the best interests of your child. When one spouse continually breaks the agreed upon custody arrangement, it not only interferes with your life and schedule, but it also interferes with your child’s life and their emotional well-being. Our Boca Raton family law attorneys offer several solutions, from mediation to litigation. When you work with us, we will evaluate your situation, determine the severity of the situation, and come up with a solution that will best resolve your child custody issues. To consult with a family law professional today, contact the Law Offices of Schwartz | White at 561.391.9943 or schedule a private consultation online.

Resource:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

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