Ex Isn’t Following Child Custody Agreement: Three Options

Ex Isn’t Following Child Custody Agreement: Three Options

What’s more frustrating than not seeing your kids? Not seeing your kids when your ex is ordered by the court to bring them to your house. While court-ordered custody agreements are binding by law, many parents “forget” about these agreements or ask you to forgo your time on their behalf. If this sounds like your situation, here are your three options.

1.Hope Things Change

The first option, and not the one we recommend, is to hope that things change on their own. Maybe your spouse did forget about the time you had set up to meet, and getting things fixed is only a matter of patience. If you trust your ex to make good on their promises, maybe waiting it out is the best option.

2.Request a Court Hearing About Contempt

If your ex is failing to follow court orders, the court could hold him or her in contempt of court. When people are held in contempt, they will have to “show just cause” as to why they didn’t follow the court’s ruling.

Just cause reasons can include:

  • Emergency medical scenarios;
  • An act of God;
  • Other circumstances the court finds worthy of excuse.

If your ex-fails to show why he or she did not follow the court-ordered custody agreement, the court will punish him or her for their disobedience.

Punishments can include:

  • Loss of parenting time;
  • Fines;
  • Warning;
  • Attorney fees; and
  • Possibly jail time

3.Modify the Agreement

If an ex continually fails to uphold court-ordered parenting standards, you may want to modify the divorce decree. In this scenario, custody situations can change based on the poor behavior of one of the parties. For example, in a 50/50 custody scenario, a divorce decree modification can change the orders to sole custody for the responsible party. These modifications take work, but they can happen if your ex is continually failing to follow court orders.

Seek an Attorney for Help

Attorney Andrea Schneider has decades of family law experience, which means she has dealt with cases just like yours. If you are ready to fight for your right to be with your child, hiring a skilled child custody attorney is your next step!

Call (619) 304-8499 now for a free consultation for your case!

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