QUESTION
What happens if the parent doesn’t follow the parenting plan an does not show up to drop off the kids with the time scheduled
Asked on Dec 24th, 2019 on Child Custody - Florida
More details to this question:
My x will not show up to drop the kids off at the specific location an time agreed on the parenting plan
2 ANSWERS
Child Custody Attorney serving Maitland, FL
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Violations of the Parenting Plan usually are litigated by an Enforcement of the Parenting Plan. Hire an experienced family lawyer to file the enforcement with the Court. Keep accurate records on all timesharing, so that it may be presented to the Court, as an exhibit, during the enforcement action.
Answered on Jan 21st, 2020 at 8:56 AM
Dear Anonymous:
Shame on that parent! This is a more common problem than you think. First, keep a log of all the times that it happens and make your log entry at the time it happens so you can present this information to the court.
If the pattern is continuous, you could file a motion for contempt or to compel the other parent to comply with the parenting plan. However, a judge cannot force the parent to show up. This could, however, set the other parent up for you to file a Supplemental Petition for Modification, where you ask the court to change the parenting plan since the other parent seems to have no interest in complying. Depending on overnights, this could also change the amount received and/or paid in child support.
Good luck to you.
Cindy S. Vova, Esq.
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
Answered on Dec 31st, 2019 at 6:22 AM