My Ex Is Not Following the Parenting Plan — What Can I Do? 😥
A parenting plan in Florida is designed to help ensure that children receive adequate support and care from their parents. A parenting plan also helps reduce or eliminate potential problems between parents by establishing their rights and duties in relation to the child.
However, it is not uncommon for one of the parents to violate the terms of the parenting plan, leading to frustration and stress on the part of the other parent and the children involved. Fortunately, there are steps you can take if this is happening to you.
My Ex Is Not Following the Parenting Plan — What Can I Do?
In every case, the actions you take in response to your spouse failing to follow the parenting plan should always be legal and in compliance with any previously issued court orders. Staying in compliance will help your case tremendously and prevent you from facing negative legal ramifications.
In most instances, the only legitimate reason for violating a parenting plan is for the best interests of the child. So unless your ex is engaged in behavior that could harm your child physically or emotionally, you will still have to comply with the parenting plan even if they do not.
If your ex-spouse is violating the terms of the parenting plan, you should document each violation if you foresee taking legal action in the future. Save texts, emails, and other communications that demonstrate a breach of the plan.
In many cases, a pattern of violations will emerge as you continue documenting your ex’s failure to comply with the plan.
Resolve the Issue with Your Spouse
Often, the problem behind a spouse’s violations can be resolved through earnest conversations between the two former spouses. By listening to one another, the exes can work their way to a solution that prevents further parenting plan violations. Of course, this option only works when both parties agree to play ball.
File a Motion for Contempt of Court
Approved parenting plans are court orders that are binding upon parents. If one spouse is regularly violating the terms of the plan, they can be held in contempt of court. Contempt of court charges can result in jail time and significant fines.
Hence, for a one-off violation, filing for contempt charges is often seen as too excessive. Only when the violations continue on a regular basis should you seek this route.
Speak with an Experienced Attorney
No matter your circumstances, speaking with an experienced child custody attorney will prove helpful. An attorney can guide you to the most appropriate action based on your circumstances, which may include:
- A modification of the parenting plan
- Filing for contempt charges
- Seeking extra time for the time you have lost
Remember to never hesitate when problems arise. The sooner you take action, the better for your children.
Call The Florida Probate & Family Law Firm for Help
Our team of family law attorneys is ready to help you resolve your parenting plan issues. Call The Florida Probate & Family Law Firm today for a free consultation with an experienced family law attorney who cares.