Se Habla Español
Siragusa Law Firm Logo

My Ex-Spouse Isn’t Complying With Our Parenting Time Schedule. What Can I Do?

Get Your Consultation Now
two people talking to third person

When you and your spouse go through a divorce, there may be tension over certain aspects. For many, agreeing on a child custody arrangement is often the most contentious issue. However, it’s imperative to follow the court-ordered parenting time schedule, as the courts have deemed this is best for your children. If your ex-spouse is not complying with the deal, it’s vital to contact a Somerset County parenting time attorney to discuss the legal steps you can take to help enforce this agreement.

What Do Custody Orders Typically Include?

Custody orders typically include guidelines and instructions that both parents will follow regarding the custody of their children. These documents generally include the following elements:

  • Holidays: The holidays are often stressful for divorced parents and their children, as both parents would like to celebrate with their children. Often, kids feel anxiety surrounding holidays, as they’re afraid of upsetting the parent they aren’t with on the day. As such, a custody deal should elaborate which holidays the children will spend with each parent to help everyone set expectations.
  • Legal matters: It’s also vital to ensure both parents are on the same page when it comes to making decisions on behalf of their child. This generally refers to granting both parents the right to make medical choices while the child is in their care, even if they aren’t the primary caregiver.
  • Parenting schedule: A parenting schedule is one of the most essential aspects of these documents, as it details the arrangement of when each parent will have custody of their children. If parents have joint custody, it’s common for each parent to have their children for a week at a time. However, in other cases, one parent will have primary custody while the other parent will have their children for weekends. Regardless, both parties must adhere to the terms outlined in this document.

What Should I Do if My Ex Won’t Follow the Parenting Time Schedule?

If your ex is not adhering to the parenting schedule ordered by the court, your first instinct may be to retaliate by refusing to send your children to see your ex. However, this is not recommended. Instead, you’ll need to ensure you contact your attorney as soon as possible. Unfortunately, there are a number of ways in which your spouse may violate the agreement, such as failing to take the children when it’s their time on the schedule or keeping them for too long.

Be sure to document all communication about their failure to follow the schedule by including the date, time, and any proof you have. If possible, try to avoid phone or in-person calls and stick to texting and emailing, as this can help provide evidence to support your case. A court can use this information to hold your ex in contempt of court.

When you need help, the Siragusa Law Firm is ready to support you. Whether your ex is trying to alienate your children from you or refuses to adhere to the schedule, this behavior can cause tension which ultimately has a negative impact on your children. As such, we’re ready to fight for you. Our dedicated legal team will do everything possible to help achieve the best outcome for you and your family.

Read Our Latest Blog Posts