Navigating co-parenting after a divorce can be challenging, especially when faced with an uncooperative partner. The emotional turmoil can significantly impact both parents and children.
In most states in the US, the judge decides who takes the child, but they cannot help parents define the arrangements they have with their partner. The judge can only approve these arrangements if both parties agree to it. Although co-parenting has many benefits, sometimes there might be issues that some uncooperative partners might cause, and it is best to handle it professionally to build a strong post-divorce family.
What Are Child Custody Order Violations?
To put it in a simpler form, a child custody order violation happens when one of the parents is uncooperative and does not comply with the agreed and approved custody arrangements. This situation is particularly difficult for the child.
It could cause increased anxiety and stress levels for the one who is prevented from seeing or speaking with their child. In addition, it could distort the child’s mental health and make them confused about what they are not meant to see their parents and why they are kept away from them. The following are examples of custody order violations:
- When one of the parents relocates with the child without permission from the court or the other parent
- Preventing the other parent from visiting the child
- Putting the child in harm’s way
- Not fulfilling their part of the arrangement and putting up unrealistic excuse
How Should One Take Action If the Custody Agreement Is Violated?
Remember that you have no control over the conduct of others, but you can be proactive in communicating your desire for a cooperative solution to your ex-spouse for your child’s sake.
You might want to speak with your attorney if the uncooperative partner is acting in a way that is contrary to your parenting plan. Try these suggestions if you think there is still a possibility you can reach an agreement with your former partner:
- Try to make an agreement that suits both parents
Try to have a reasonable conversation with your former partner if they want to talk. Try to meet in the middle and look for ways to make compromises that will not affect you or your child. Let the uncooperative parent understand that you would like the co-parenting plan to work, and that can only be possible if they make things easier.
Ensure your suggestions will benefit your child first so it will not be perceived that you are being selfish.
- Take notes
If, despite the fact that you have tried to reach common ground and have failed, ensure you document all the parenting issues the other parents have caused and the steps you have taken to help solve the issues. That could be useful in court if need be. Ensure you make detailed occurrences. Include the dates and, if possible, the time it happened.
- A court case
Since the other parent has refused to make things better, you can file a motion in court with the help of your lawyer. Now is the time for your notes to come in handy. During the motion, the judge will try to provide solutions for the issues either by therapy, co-parenting counseling, make-up time, or jail time.
- Seek emergency custody
Emergency custody comes into play in extreme cases where the child might be in danger. This can only happen with the knowledge of your attorney. Cases like these include neglect, abuse, and other critical issues.
Conclusion – Do What Is Best for Your Child
“It is almost certain that the problems will not go away if you have an unhealthy relationship with the other parent and find it difficult to communicate in a divorce case,” says New Jersey divorce attorney Galit Moskowitz. In addition to helping you understand your choices, having a knowledgeable attorney by your side can help avert future violations if addressed appropriately.
Source:
Moscowitz Law Group, New Jersey and lead attorney Galit Moscowitz specialize in family law and is a certified matrimonial attorney certified by the Supreme Court of New Jersey
