When Parents Ignore Custody Agreements

When Parents Ignore Custody Agreements

Aug 15, 2022
img

When a parent no-shows to spend time with their children, it can be devastating. Late pick-ups and drop-offs can be extremely stressful and make scheduling your life around those times impossible. A stable home and parenting environment is crucial for your kids, especially after they’ve survived having their parents split up. Here is our recommended course of action when your co-parent is not sticking to the child custody agreement:

1. Keep Records

It can be difficult to legally prove that your ex is no-showing or arriving late, so gather all of the proof you can. Videos showing your car’s clock where you state the date and circumstance then pan over to your ex’s car arriving late, for example, are useful. Phone records work too. Something like a birthday no-show can be particularly powerful in the eyes of the court.

Document everything! Even just writing down dates, times, and relevant details in a journal is useful and legally admissible as evidence in court. You are trying to establish that your ex has a pattern of not complying, not just a few random incidences.

2. Talk It Out

Communication can help in many ways. Show your co-parent the custody order to remind him or her of the correct days/times. Let him or her know that you missed your haircut appointment, were late for work, or whatever the complication was due to the agreed-upon schedule not being followed. If your ex tends to always run 30 minutes late, remind him or her that is not acceptable and can get them into legal trouble with the family law judge.

Certainly, everyone is subject to a flat tire or getting stuck in construction traffic, but when an unexpected delay like that occurs, you expect (and deserve) a call or text updating you as to what’s going on. If a conversation can fix the problem, it’ll prevent you from having to resort to taking legal action.

3. Call Your Lawyer

Unfortunately, if communication doesn’t correct the situation, your next step should be to call your lawyer. Your lawyer will prepare a “Notice to Comply” to be served on your ex. This legal document re-states the court order for clarity and notifies your ex of what he or she needs to change in order to come into compliance. If, after being served the Notice to Comply, your ex continues to no show, arrive late, or whatever other issue, you’ll be able to take legal action against him or her.

If You Are Denied Visitation

If your ex is not allowing you to see your children at your rightful times, this is also a failure to comply with a custody order. Even if your ex tells you ahead of time that he or she won’t be giving you the kids for the weekend or the holiday, you must still meet in the agreed location at the specified time and place to meet your end of the custody order. Record a video or memo that you appeared at the court-appointed time, and your ex did not.

We Are Southlake Child Custody Lawyers Near You

At Mims Ballew Hollingsworth | Family Law, we pride ourselves on amazing customer service, staying on top of new laws and legal technology, and delivering optimal outcomes for each and every client. As Southlake child custody attorneys, we feel that matters involving your kids are particularly special. Find out more by reaching out to us today to set up a consultation in person or over video chat.

Contact Us Today!

Put Our Team On Your Side

    or call us at

    817-900-8330

      • img
      • img
      • img
      • img
      • img

      I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

      Loyd Camp
      • img
      • img
      • img
      • img
      • img

      Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

      Donna DeTomaso
      • img
      • img
      • img
      • img
      • img

      Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.

      William Hawthorne
      • img
      • img
      • img
      • img
      • img

      Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

      C Grucza
      • img
      • img
      • img
      • img
      • img

      I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

      Dante Martinez
      • img
      • img
      • img
      • img
      • img

      Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

      Autumn Colson
      • img
      • img
      • img
      • img
      • img

      Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

      James Homerstad
      • img
      • img
      • img
      • img
      • img

      Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

      Heather Varon
      • img
      • img
      • img
      • img
      • img

      Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...

      Misty Benson
      • img
      • img
      • img
      • img
      • img

      Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.

      Phuc Lam

    Related Posts