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If your child’s other parent is not following the parenting plan that was agreed upon in court, what can you do? There are a few options available to you, depending on the situation. You may need to file a motion for enforcement with the court. A Advocate Law Firm, P.A. family law attorney can help you navigate this process and ensure that your voice is heard.
Document Parenting Plan Violations
If you believe that your child’s other parent is not following your parenting plan, you should begin to document these violations. This documentation can come in the form of emails, texts, phone calls, written notes, videos, or photos. Make sure to save this information somewhere you can find it easily and share it with your attorney when needed, as you may need to provide evidence for court enforcement.
Meet With Your Attorney
Before you begin the enforcement process, you will need to meet with your child custody attorney or another trusted family law attorney. The attorney can help you review your current parenting plan and time-sharing agreement to determine if they are being violated. If the attorney believes that you have a case for enforcement, then you will work together to discuss the different methods of enforcement available and the best option for your family’s case.
Once you and the attorney decide on the method you believe is best for enforcement of your parenting plan, the attorney will help you with preparing any motions or writing any letters needed. The attorney may ask you for evidence that may need to be submitted to the court alongside the motion if necessary.
Methods of Enforcement
If the attorney believes that you have a case for enforcement, then you will work together to discuss the different methods of enforcement available and the best option for your family’s case.
Writing a Letter
One of the first things your attorney may suggest is to have them write your child’s other parent a letter. This letter may discuss the violations of the court order and that they should follow the court order to avoid other legal penalties.
Writing a letter may not work for every situation. In some cases, your attorney may suggest a more aggressive alternative, which can include filing a motion for contempt of court.
Motion for Enforcement
If your attorney believes that you may need to file a motion for enforcement, they can file this motion to bring your case to the courtroom. As a result of this motion’s filing, a court hearing with a judge will be scheduled, and you will need to prepare your case for the hearing. At the hearing, the judge will hear your case and determine a solution for enforcing your parenting plan or time-sharing agreement.
Solutions proposed by the court may include:
- Making up missed time from the time-sharing agreement,
- A modification of the time-sharing agreement or parenting plan,
- The payment of the plaintiff’s attorneys fees,
- And more as determined by the judge.
Ever Argued With a Woman?
It can be extremely frustrating if you feel that another party is not following your parenting plan or time-sharing agreement for your children. If these violations are becoming more often or incredibly inconvenient, our family law attorneys can help you begin the court order enforcement process and help your family follow your active order.
Are you struggling with another parent missing time with your child or violating terms in your parenting plan agreement? Schedule a free consultation with our family law advocate by calling (863) 644-5566 to learn more about how we can help your family. We are waiting for your call.