Divorcing parents either need to negotiate at length with one another or go to family court to establish a custody order. Once they have a court order dividing their parental rights and responsibilities, they should both make reasonable attempts to uphold those arrangements.
Typically, custody orders outline a parenting schedule. Parents often have a certain percentage of overall parenting time, including special arrangements for birthdays, holidays and other important occasions. Most parents who share custody fall into a new routine with regular custody exchanges and respite from parenting responsibilities.
Some parents have more difficulty than others respecting custody orders. Those who have strong negative feelings about a divorce may try to limit how often a co-parent sees their children. Others might start skipping their parenting time. How can a frustrated parent uphold or enforce a custody order?
Keeping records of the issue
Parents who want to take action in family court generally need evidence. Personal claims and allegations rarely carry the weight that people might hope. Instead, they need objective documentation affirming their allegations about their co-parent’s conduct.
Some parents use a parenting app for exactly this purpose. That way, there is a centralized location that shows every adjustment made to the parenting schedule. Others start keeping a detailed journal of every canceled parenting session or every late pickup.
The frustrated parent losing parenting time or needing to make last-minute schedule adjustments due to cancellations can then reference a pattern of behavior when attempting to address the issue with their co-parent. If informal conversations don’t resolve the matter, then legal action may be necessary.
Asking for courts for support
Family law judges expect both parents to respect the terms of a custody order. If they do not, judges have the authority to resolve the issue. Documentation showing a history of parenting time disruptions can convince a judge to take enforcement actions.
A parent denied time with their children could secure makeup parenting time. They can schedule future parenting sessions based on the time already lost with their children. Other times, the issue relates to one parent failing to show up for their parenting time.
In such scenarios, judges might agree to modify the custody order. They can reduce the parenting time allocated to the adult who doesn’t show up for their children. Doing so can inspire the no-show parent to show up consistently in the future and limit the last-minute complications faced by the other parent.
Modifications are also possible in situations involving a pattern of denied parenting time. A judge might update the custody orders and allocate more time to the parent denied opportunities to bond with their children.
Dealing with an uncooperative co-parent can be a very frustrating experience. Individuals who learn about their rights can assert themselves in a shared custody situation. Asking for enforcement support or a custody modification can help resolve issues with an uncooperative or unreliable co-parent.