Just getting through your divorce was hard enough. What happens if your former spouse isn’t following the custody agreement that the judge came up with? You don’t want to lose any time with your children now that you see them less.
You have options to set things right – but if you just jump right back into court, things might not go your way. Make sure you take the right steps to secure a better outcome for yourself.
Keep a record of when your ex ignores the plan
If the situation is going to end up in court, evidence is key in getting the judge on your side. Make note of any time that your ex goes against your custody schedule. If you have agreed upon times to drop your kids off, record any time that your ex is late.
If you follow your ex on social media, you might be able to find evidence there as well. Showing that your ex checked in at an event/venue on Facebook when they were supposed to be picking up your children can help your case.
Try to talk to your ex first
Sometimes fixing the situation is as easy as discussing it with your ex. But especially right after your divorce, that might be a challenge. It can be tough to confront your ex and get a good outcome – even if you are on good terms with them.
You may want to consider having your attorney send your ex a letter officially stating your issue. Sometimes people take things more seriously when a lawyer is involved. But what should you do if your ex doesn’t correct their behavior?
Take it to court if you have to
If all else fails, you may file a motion for contempt. Your ex will have to go to court and explain to the judge why they disobeyed your parenting plan. Having documented evidence can help you prove that the issue is serious.
If the judge sides with you, they can force your ex to follow your child custody plan. There might also be a change to the agreement – which may take the form of changing or requiring supervision for visiting time.
Now that you are divorced, the time you spend with your family is precious. Proving that your ex is ignoring the judge’s decision and bringing the issue to court may be challenging. Your divorce attorney can help you get the time with your children that you deserve.
