What to Do If Your Spouse Does Not Follow a Child Custody Agreement

Once the divorce and custody decree is deemed a court order, both spouses must follow the agreements detailed by the court if they want to avoid facing severe consequences.

Dealing with joint custody can be difficult and overwhelming on its own. And when an ex-spouse constantly schedules activities and outings when the children are supposed to be with you, or they pick up and drop the children back later than the agreed-upon time, it can be frustrating. Here are a few things you can do when one party violates the child custody arrangements.

Call a Family Law Attorney

If your spouse is violating the child custody arrangement, going to court can be the best way to enforce the agreement. Speak to an experienced family law attorney to send them a strongly worded legal notice asking them to obey the child custody order. The letter informs the violator that you are willing to take legal action and they will have to pay penalties if they do not oblige to the child custody arrangements set out in the court order.

Opt for Mediation

Discuss the option with your divorce attorney and check with the court where the child custody orders were made to see if any mediation services are available. Many issues between ex-spouses are easily resolved without having to go to court when they choose a reliable mediator to reach a mutual understanding.

Modify the Child Custody Arrangements

When the other parent disobeys the court order repeatedly, you have the option to modify the child custody arrangement in a way that accommodates the needs of both spouses. David R. Phillips can help you request a change, whether it concerns visitation schedule, change in duration, or anything else.

File a Motion for Contempt of Court

Filing a motion for contempt of court necessities the co-parent violating the agreement to appear in court to explain the reasons behind their actions. If found guilty, they might have to face sanctions, pay fines, or get behind bars for a nominal period. You can also request that the ex covers your lawyer's fee as a punishment for failing to obey the child custody arrangement order.

Document All Violations

Speak to a knowledgeable family law attorney to learn the best ways to document all the significant details of non-compliance by your ex-spouse. Keeping a journal of all the violations and the necessary details will help you should you decide to take legal action. Take notes about all the attempts you made to resolve the issues.

But make sure any action you take is in your child's best interest. With three decades of experience, you will have nothing to worry about when David R. Phillips is on your side. As a compassionate, experienced, and knowledgeable family law attorney, he can help resolve various issues concerning divorce, child custody and support, alimony, visitation, name changes, and more.   

Schedule an appointment now to learn about your legal rights. We defend criminal law, family law, and personal injury lawsuits in many communities throughout Indiana.