What Occurs If A Spouse Deviates From The Parenting Plan?

If an ex-spouse repeatedly violates a parenting plan, the consequences can be severe. The judge may grant more custody rights to the compliant parent or remove their custody rights. Additional penalties may include make-up time with the child, compensation for attorney fees, and even jail time. If one parent does not follow the parenting plan, it is considered a violation of the court order. Parents can enforce their rights by filing a Motion for Contempt or a Motion.

Violating a parenting plan can lead to various consequences, such as missed parenting exchanges, late pick-ups/drop-offs, or sabotage in retaliation. To address these issues, parents should document the violations and seek enforcement with the court. If one spouse consistently violates the terms of the plan, they can be held in contempt, which could result in jail time. If the ex-spouse is willfully and intentionally disobeying the custody order, they can file a motion for contempt with the court.

If the other parent is not following the plan, parents can file a petition for contempt of court with the court. Common enforcement outcomes include adding new terms to the parenting plan, ordering counseling or parenting classes, and suspending child support. It is essential to seek legal guidance from an experienced family law attorney to protect their rights and ensure the well-being of both parties involved.


📹 What To Do If Your Ex Violates Y Parenting Time Agreement

… in order to find that a parent has violated a parenting time agreement in most circumstances people will choose to file a violation …


Do I have a right to know who my ex brings around my child?

You don’t have the right to know who your ex is bringing around your child, as the other parent can decide who is around them without your input. You can only restrict certain people from hanging around your child if there are restrictions stated in a court order. If the person doesn’t pose a safety risk, you shouldn’t be demanding. If there is evidence that a person poses a risk to your child’s safety or well-being, you have the right to be concerned.

You can ask the court to restrict your ex’s new partner from being around your child or get an emergency order to protect your child. If you’re concerned, you may need to conduct a background check on your ex’s new partner.

What do you do when your ex refuses to communicate?
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What do you do when your ex refuses to communicate?

In a recent case in Wake County Family Court, the judge emphasized the importance of documented communication, maintaining civility, refraining from social media posting, avoiding involvement, and seeking legal advice. He compared raising a child to a ball game, where the child is the game and parents are the fans. Successful co-parenting requires parents to be in the same section, as being in the wrong section can lead to court proceedings.

The judge also compared court to a restaurant, illustrating the need for parents to be prepared for potential court proceedings. This advice is particularly relevant for parents struggling with communication and co-parenting issues.

Can a child say they don't want to see a parent?
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Can a child say they don’t want to see a parent?

In Texas, children can express their views on custody and visitation at age 12, but they cannot refuse visitation entirely. Visitation is a parent’s right and cannot be refused by the child or the other parent. Once a child reaches age 18 and is no longer legally considered a child, they have the right to refuse visitation. If a child refuses visitation, it is crucial to investigate the reasons for their uncooperative behavior. Possible reasons may include abuse, substance abuse, or unsafe environments. If this is not the case, it is essential to be proactive and encourage visitation.

To notify the other parent, it is essential to provide clear explanations and follow preferred communication methods. If a specific method is not required, contact the other parent via text or email to maintain a written record of the situation.

How to coparent with someone who doesn’t communicate?

When coordinating with someone who is slow to respond, it is crucial to communicate three things: the ask, the expected response time, and what you plan to do if you don’t hear back. For example, if you have a mandatory work meeting tomorrow evening and need to pick up your kids from aftercare, you should inform them by 6:00 tonight. If they don’t respond, you will find an alternate arrangement. This communication style ensures that you are clear about your expectations and can handle any issues that may arise.

What happens if my child doesn’t want to see her father?

If your child refuses visitation, inform your co-parent immediately and use a method of communication that can document the incident. The OurFamilyWizard app’s Messages feature records timestamps and is permanent. The Journal feature allows you to create an entry to document changes to the regular parenting schedule, explaining the incident and the change in plans. Keep the entry private for your records or share it with your co-parent, attorney, or anyone working with you on OurFamilyWizard.

What is an example of inappropriate co-parenting while in a relationship?

Signs of a new partner overstepping boundaries include making major parenting decisions, interfering with communication, inappropriately disciplining the child, and exchanging the child without permission. Children need stability and should be aware of how to handle new partners in their parenting plan. It’s possible to co-parent with a difficult ex, but it’s crucial to follow the advice provided when dealing with difficult ex-partners.

Can I force my child to see his dad?
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Can I force my child to see his dad?

A child’s age does not determine their right to refuse to see a parent. The focus is on the total circumstances, and judges generally do not expect parents to physically force an older child to visit. A custodial parent should start with cajoling and encouragement, and if the child still refuses, they may try direct discussion with the other parent. If found in court, the parent should share specific examples of making appropriate efforts to facilitate visitation or risk losing status as the custodial parent.

Being open to professional assistance, such as therapy or counseling, is crucial for early intervention and promoting family cooperation. Although professional counseling may not always be necessary, early intervention can help resolve problems and promote family cooperation.

What happens when you can't coparent?
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What happens when you can’t coparent?

In cases where one parent is unable to co-parent with the other, they may be granted sole custody. This means that both parents must cooperate and communicate to make decisions for their child without personal conflicts. However, this may not always happen, and the noncustodial parent may refuse to communicate with the custodial parent, leading to questions about whether they can lose custody for not co-parenting. Sole custody allows one parent to make major decisions for their children, including education, health, and well-being.

In contrast, joint custody allows both parents to jointly make decisions, with the noncustodial parent maintaining parenting time and the right to receive information about their children’s education, health, and welfare.

What if my ex refuses to use the co parenting app?

In the event that a co-parent is in contravention of a court order or agreement by failing to communicate via the parenting app, the option exists to file a motion to enforce compliance with the court.

What is gaslighting in co-parenting?

Gaslighting is a common behavior in co-parenting, where the intention is to manipulate the other parent into thinking they have done something wrong. This behavior is not common among normal co-parents and may indicate a narcissist. Consistently undermining the parent’s efforts as a parent can also be an indicator of a narcissist. They may insist that the child’s behavioral or school issues are a result of their parenting and blame the parent. Common indicators include these behaviors.

How do you deal with uncooperative Coparent?
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How do you deal with uncooperative Coparent?

As a co-parent, you already have a lot to handle, so it’s essential to avoid making things harder by causing conflict or acting out of spite. As the holidays approach, dealing with an uncooperative co-parent can be complicated and frustrating. To handle this situation, it’s crucial to establish boundaries with your child’s other parent as soon as possible. Communicate only when and what’s necessary, talk to your children in an age-appropriate manner, and accept that you can’t change someone else’s behavior.

Establishing boundaries with your child’s other parent is essential, as you have a child in common with them. It’s essential to communicate in an age-appropriate manner and accept that you can’t change someone else’s behavior.


📹 What Happens if You Violate a Court Child Custody Order?

If you have violated a child custody agreement or disobeyed a court order there are ways to remedy or at least help your case.


What Occurs If A Spouse Deviates From The Parenting Plan?
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Rae Fairbanks Mosher

I’m a mother, teacher, and writer who has found immense joy in the journey of motherhood. Through my blog, I share my experiences, lessons, and reflections on balancing life as a parent and a professional. My passion for teaching extends beyond the classroom as I write about the challenges and blessings of raising children. Join me as I explore the beautiful chaos of motherhood and share insights that inspire and uplift.

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12 comments

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  • I appreciate the thoughtfulness you’ve demonstrated by sharing your experience with legal matters related to parent child relationships. As you know, when one parent has found themselves without a $20,000 slush fund available to defend years of ongoing litigation, because other parents has used the courts to exhaust any money the other parent could possibly have left to continue the legal wrangling 7 years after the divorce, they often panic with fear, which can last for months and affect numerous areas of that parents life, believing they may be only one more motion away from losing their ability to parent their child for the final time, as the children are growning up and starting to drive. I’m trying to say this, “Thank you. I appreciate your time and willingness to help a stranger who is not a client.” You’ve forced me to acknowledge that not all attorneys are predators posing as marginally functional, highly psychopathic officers of the court.

  • My sons baby mom has taken his child out of town to another city,violated court order as to his visitation rights and want let him see his daughter! He don’t know her where bouts,school or nothing! The mother and her husband and the Girl momma(the Grandmother) want let us know nothing even when we calls. So now they have blocked our number and changed their numbers smh. My son is going through and it cost to much for a lawyer,but hopefully something will come through for us. The law is hard on these fathers that wanna do,and let mothers like her get by with alot! #imangryataikencountylaw #theysuck

  • Thank you wendy my situation is my ex has not complied with any of the court orders and now he has his wife meddling in the middle how do I resolve this I’m asking for sole physical custody. As of Oct 2, 2017 we share 50/50. What type of proof would I need to not have his wife as a third-party and get soul physical custody

  • What if violating a child custody order is to protect the well being of the children involved? For example, a standard joint custody order was originally placed through mediation, but the other parent has become addicted to serious drugs and aggressive behavior has been displayed in front of children. My attorney advised me that the court (Texas) generally prioritizes child endangerment over custody orders. We are pushing for modification, but in the mean time, I refuse to put my toddlers in danger

  • The mother has placement ordered dad has primary placement. Mom’s primary care provider when she works 12 to 16 hr shifts is her bf who is being charged with delivering heroin that killed someone. Mom also engages in violent outbursts and physically attacks the boyfriend in front of the child. Can the father force the right of furst refusal law and stop visitation due to the environment? Mom lies constantly and then when dad proves the truth she lies about ever lying in the first olace. Mom also forces the child to lie to dad knowing lying to gets her punished. She has denied tgis for years and nust admitted that was her plan. Placement hearing in 3 months. Can dad keep refusing to send child there allowing article visits to keep in contact with mom but away from mom’s crazy life style choices? And will it be ok when dad provides the court with proof of why he chose to keep child from mom’s house?

  • Do I have to text or call if it’s not court ordered, I made a talking parents email but she doesn’t want to use it, the reason I don’t like texting and calling is because she’s always asking for money using inappropriate language cursing etc. but she refuses to use talking parents should I just continue texting ?

  • My daughter’s father hasn’t been in her life for nearly 6 years but has come back into her life demanding for me to follow the past court order from 2009. My daughter is 9 and is scared to have to go with him alone and I have repeatedly offered to facilitate meetings between them with me present per her request, he refuses to allow me to be there. So now I have been served with papers for a contempt of court hearing. Is his absence for the last 6 years and alcohol abuse a reasonable defense? I have already submitted a response and filed a motion for modification of parenting time and decision making. Thank you. Your articles have helped me substantially because I am Pro Se.

  • What can I do if my work schedule conflicts with standard possession order. My daughter is suppose to get to see my ex on the 1st, 3rd, 5th of every month on the weekend. But sometimes our work schedule conflicts with that. My work schedule is 4 on and 4 off. Just to let you know the ex is 300 plus miles away. When her work schedule conflicts with the drop of time its ok but when my work schedule conflicts she throws the court order in my face that I have to be at 6 pm although I don’t get out until 630pm and there its really hard to get out early. The orders state that we meet about 3 hrs away from where I live. What can I do so the court order is not violated?

  • My son father married a narcissist women who is extremely jealous over me because he still wants me but I don’t want him .The father and I were getting alone until this crazy women got involved . She dose all the exchanges of my son and she is now using the father’s email to communicate with me . Father has sole custody .she is bad mouthing me to my son . She makes all court order phone calls from me and the child and for over a year she hasn’t fallowed the court order I’ve show cause the father for missed calls . Any advice on how to only communicate with the father and not his crazy wife ?

  • My daughter has full custody of her sister and brother the grandmother has visitation in December she pick them up for Christmas she was supposed to bring him back January 2 she has yet to return the children we have filed all of the paperwork even filed an emergency pick up order from Georgia North Carolina refused to honor it what should we do

  • My husband only pay $75 for child support. But he pay $485 for car mortgage. I think judge is not fair. The judge think car is more important than my 2daughter . And my husband has car and I don’t. Also, I take care my 2daughter and my husband does not. And both of us is low income. I think only God knows what is fair.

  • Please help! I have sole custody and decision making of my child, Dad is in prison for life with no parole for 1st degree murder. His parents have visitation one overnight every other weekend. We went to mediation, on the court order for visitation it does not specify wether I can or cannot move out of state, all it says is I must inform the other party before or after I move. What happens if I leave state and not tell them?

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