7 Steps to Take If Your Ex Violates Custody Agreements in Florida
Steering the stormy seas of custody agreements in Florida can get choppy, especially if your ex decides to play fast and loose with the rules. Here’s an easy-to-follow guide on what to do if your ex starts bending the custody playbook and sabotaging your relationship with your child.
Understanding the Whirlwind: What’s a Custody Violation?
The Florida Statute 61.13 outlines a parenting plan and legal expectations for adherence. And if your ex disrupts that plan—like not sticking to pickup times, keeping the kids from calling you, or whisking them away on a spontaneous trip without your nod—it counts as a custody violation. These actions can ripple through your family’s calm waters, creating waves of conflict and stress.
Spotting the Red Flag: Signs of Trouble
Keep an eye out for signs like your child consistently returning late, your ex dodging the agreed communication, or sudden changes in your child’s behavior towards you. These might hint that your ex is steering the ship off-course.
Gathering Your Crew: Document Everything
Start keeping a logbook of all violations. Texts, emails, timestamps—these are all your navigational aids that help prove your case in court. Think of it like collecting pieces of a treasure map that leads to upholding your rights.
Setting Clear Boundaries: Modify the Custody Order
If violations are recurring, it may be necessary to request the court to modify the custody order to set clearer, more stringent boundaries that prevent future violations. This can include more detailed schedules or conditions for visitation.
Summon Your First Mate: Hiring a Family Law Attorney
Sometimes, you need a skilled navigator who knows the treacherous legal waters. A family law attorney can be your first mate, helping you file the right motions, gather evidence, and represent you in court.
Navigating to Safe Harbor: Legal Remedies
If talking it out with your ex brings more squalls than calm seas, it might be time to chart a course through the legal system:
File a Motion for Enforcement: This is your formal request to have the court remind your ex about playing by the rules, backed by the threat of legal consequences.
Contempt of Court: This heavy artillery approach is used if your ex continually ignores the custody arrangement. It can lead to fines, mandatory make-up parenting time, or even a stint in the brig (jail).
Emergency Measures: Seek Immediate Court Intervention
If your child is in danger or if there are violations like taking the child out of state without permission, you may have to ask the court for emergency intervention. This could mean requesting an emergency custody order that temporarily adjusts custody orders until a court hearing. In Florida, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) ensures that custody orders are followed when crossing state borders protecting your rights.
Repairing the Ship: Seeking Resolution
Whether through court orders or additional mediation, the goal is to mend the holes in your family’s ship so you can sail smoothly again. This might mean revising the custody agreement to better suit the changing tides of your family’s needs.
Maintain Consistent Follow-up with your Attorney and the courts
Staying informed and proactive about your case ensures that you remain prepared to act quickly should any new violations occur.
Florida’s courts always prioritize the kids’ welfare, aiming to ensure they have a balanced life post-divorce, with ample time and positive interactions with both parents. If your ex is causing a mutiny by violating custody agreements, remember the legal compass in Florida points towards protecting your relationship with your child and ensuring their well-being.
So, if your ex starts rocking the boat, don’t just bail water—take action! By understanding your rights and options, you can navigate through these choppy waters and steer your family back to calmer seas. Remember, in the vast ocean of life, keeping your kids’ best interests at heart is your guiding star.
Ready to protect your child’s best interest post-divorce in Florida? Call the DeWitt Law Firm today!