Co-parenting is difficult in general, but when your ex refuses to comply with your agreed-upon schedule it can make the situation even worse. If your ex doesn’t drop your child off on time once or twice you may let it slide. When it becomes a continuous issue, however, you may wish to take further action. Speak with a Memphis, Tennessee post-judgment modification lawyer to learn more about your rights and options.
What is Parenting Time?
Parenting time is established in a custody agreement. It is the right of each parent to spend a certain amount of time with their child after they are separated or divorced. It details the days, holidays, and times that each parent will have custody of their child and can include provisions about the drop-off and pick-up times that each party is required to abide by.
Is it Against the Law to Not Comply With the Parenting Agreement?
It is against the law to act in opposition to the parenting or custody arrangement. The agreement is a legally binding contract between the parents, meaning that by failing to comply with your contract, your ex could be held in contempt of court. By violating the agreement your ex could face legal repercussions including:
- Fines
- Jail time
- Loss of custody rights
- Forfeiting compensatory parenting time
- Mandatory counseling
- Community service
What Should I Do if My Ex Doesn’t Drop My Child Off on Time?
If you are waiting at the door or in your car wondering where your ex and child are, the first action you should take is to contact your ex. Shoot them a text or give them a call, using whatever communication system you have agreed upon. There is a good chance they are stuck in traffic or lost track of time and are on their way.
If they do not respond and you can’t get ahold of them, you may begin to panic. If you believe there is a chance that your child is in danger, contact the police. Provide them with evidence of your custody agreement, give them your ex’s address and contact information, and describe your child to them. This is only necessary if you believe there is a reasonable possibility that your ex is not planning on returning your child or that they are in serious danger.
Can I Take Legal Action?
If a late drop-off is a one-time thing or very rarely occurs, you can handle it with your ex and simply request that they respect your time more. However, when your ex continuously returns your child to you significantly later than your agreed-upon schedule, you may wish to take further action.
Your attorney can help you organize mediation sessions designed to allow you and your ex to negotiate and come up with a new solution to your problem. If that doesn’t work, you and your lawyer can petition the court for enforcement. If your complaint is approved the court will take legal action to enforce the agreed-upon arrangement. Reach out to an attorney for more information and legal advice today.
