What Are My Options When My Ex Is Violating Our Parenting Plan Agreement?
In the State of Florida, child custody and visitation orders are handled differently than most family court cases. We describe the division of legal and physical custody of the children of parents as parenting plans and time-sharing agreements.
Family law judges generally require both parents to draft a common parenting plan through mediation. Should this process become contentious, with neither party able to reach an amicable agreement, this important matter must be litigated before a judge.
At The Law Firm For Family Law, our Clearwater parenting plan attorneys provide more than the initial mediation or litigation representation our clients need to reach the best agreement for their children, but we have also the experience our clients need to enforce the agreement when one parent violates the terms.
What Are The Four Types of Child Custody Arrangements In Florida?
In Florida, there are four types of child custody arrangements, and which version your children’s well-being falls under will determine how we can help you enforce your parenting plan agreement inside the courtroom.
Florida child custody arrangements include:
- Sole Custody
Exclusive psychical and/or legal custody is awarded to a single parent when the court believes that the other parent is unfit to raise the child.
- Joint Custody or Shared Parental Responsibility
Joint custody or shared parental responsibility is a combination of both physical and legal custody and is based on both parents’ schedules. The couple will work together to establish a schedule of when each will be with the child while ratifying the agreement with the court.
The factors associated with the details of this agreement can include both parents’ work schedules, and the children’s school and activity schedules. Each parent’s physical location will also be a factor in where the children spend the majority of their time.
- Physical Custody
Physical custody means the child can spend significant periods in both parents’ separate homes. In Florida, parents can share the physical custody of a child.
- Legal Custody
Florida courts usually grant joint legal custody to both parents after a divorce.
This means both parents will have to cooperate to make decisions that affect the children’s development, including the aspects of their overall upbringing which can include:
When one parent violates these agreements, by making independent decisions where both parents have the right to make a combined choice, the affected parent can take their argument up in court.
Violations of Parenting Plan Agreements In Clearwater, Florida
The best way to determine if there has been a violation of your parenting plan agreement is to talk with our experienced family law attorney in Clearwater to understand whether a well-defined legal violation has occurred.
Violations can occur when one parent:
- Extends their time-sharing hours beyond the agreement and without permission from the other parent
- Threatens that they will not return the child at all
- Refuses to pay their share of expenses, even though all documentation/receipts have been submitted
- Allows the children to spend time with parties who have been prohibited by the court from visiting them
- Divulges negative information/comments about the other parent regularly
- Exposes the children to dangerous or immoral situations
After speaking with our accomplished Clearwater family law attorney, we will outline the
process of seeking enforcement of the court-ordered parenting plan, so you know exactly what to expect when we take your case before a judge.
We will establish the evidentiary requirements necessary to establish contempt, and seek the immediate enforcement of your parenting plan, so you can ensure your children’s safety and success remains paramount in their upbringing — no matter where they are spending time.
If you believe your ex-spouse or ex-partner has violated the Florida parenting plan agreement you have in place, contact our Board Certified Expert in Marital and Family Law in Pinellas County today at The Law Firm For Family Law by calling (727) 531-8737 to learn how we can help enforce your rights before a judge, so your family can get back on track.