What type of co-parenting relationship do you have with your ex? Are you both civil, only communicating about your children when you need to, are you friends who keep in contact and can hang out together on holidays, or do you have a toxic co-parenting relationship where you both can’t spend time around one another without an issue?
Whichever category you fall into, odds are it hasn’t always been rainbows and butterflies since day one of co-parenting. Even if you have a successful co-parenting relationship with your ex now, it probably took work, the help of a professional third party like a family counselor, or time apart to learn to co-parent effectively. Unfortunately, even the strongest co-parenting relationships can still struggle as two individuals raise their children in different homes.
A parenting plan is a legal agreement that details how you and your co-parent share physical custody schedules, legal custody, how exchanges will work, vacations and holidays, school, and more. But what happens when a co-parent doesn’t abide by the parenting plan? Keep reading as we discuss how to handle it and the legal ramifications they could face.
Examples of a Parent Not Abiding by a Parenting Plan
Your existing parenting plan includes information about how exchanges will work between co-parents, how the children will spend each holiday, vacation rules to abide by, and more. Unfortunately, not all parents abide by a parenting plan. If you’re unsure whether your co-parent is violating the parenting plan or not, here are some examples of a parent not abiding by a parenting plan:
- Taking the children out of the state or country without following the outlines in your parenting plan
- Withholding details about agreed visitation or custody schedules
- Not returning the children on time for exchanges
- Refusing to spend time with their child
- Having an unauthorized person do an exchange
- Taking the child when it’s not outlined in the parenting plan
- Trying to turn your children against you
- Putting your children in danger
Of course, the list goes on for potential violations, and the above are just a handful of scenarios.
Legal Ramifications of Not Abiding by a Parenting Plan
Not abiding by a parenting plan is a serious violation, not something that you simply get scolded for by the other parent or their attorney. There are legal ramifications for those who refuse to abide by a parenting plan, including being held in contempt of court, less visitation or custody with the children, and potentially losing custody or jail time.
What is being held in contempt of court? It’s a crime to disrespect a judge when you don’t abide by their court order. Contempt of court means you disrespected a judge’s order and will be charged and responsible for paying a fine or jail time. In some extreme cases, the parent not abiding by a parenting plan could lose custody.
What to do if Your Co-Parent isn’t Abiding
Reexamine Your Parenting Plan
Before taking legal action, refamiliarize yourself with the rules about exchanges, vacations, legal custody, and other components of your parenting plan. Perhaps they followed the plan? If not, you’ll need to take legal action so the court knows they’re not abiding by what’s outlined in the parenting plan.
Contact Your Family Law Attorney
Contact your family law attorney for assistance if your co-parent isn’t abiding by the parenting plan. It’s crucial to have these things documented and evidence gathered so your attorney can file a motion for contempt. The court will enforce a punishment for the noncompliant parent, ordering them to pay a fine or serve jail time. They might even be ordered to pay your attorney fees.
Trust The Kuhl Law Firm, LLC to help with Your Family Law Matters
If you don’t have an existing family law attorney, consult a family law lawyer or child support attorney to discuss your concerns about your parenting plan. You’ll want to make sure you choose a family law attorney who has plenty of experience with child custody, parenting plans, and other family law matters like the The Kuhl Law Firm, LLC. We have over five decades of experience in family law, handling family law cases from the most complex to the most straightforward. Our zealous team of attorneys will handle your case with expert knowledge and professionalism.
If you need help with child custody, establishing a parenting plan, or modifying an existing parenting plan, let us help. We’re dedicated to the practice of family law and can help guide you through the entire process. Our office is in Lee’s Summit, Missouri. In addition to our physical location, our firm’s family and divorce attorneys have practiced in Jackson, Clay, Cass, Lafayette, and Platte County, Missouri. Contact our family law firm today to schedule a consultation – we can meet in person or via Zoom.