Whether you are subject to a parenting plan during the process of a prospective divorce, after the divorce, or as the result of a child custody action that stands on its own, you have crucial rights and duties.
You have the right to take any of the following actions if the other parent of your kid does not adhere to the conditions outlined in your parenting plan:
- It is important to keep track of the infractions: Maintain a log of the infractions committed by the other parent. You can keep track of the dates and times when parenting time was denied, missed scheduled pick-ups or drop-offs, and other violations by recording them as a list or on a calendar. You may also provide copies of messages sent by the other parent if you have access to them. If you need to take your case to court at any point, having documents that are both complete and well-organized can be of great assistance in demonstrating a pattern of infractions.
- Take into account modes of communication and modes of mediation: There are numerous cases of non-compliance that can be resolved without resorting to legal action. Communication with another parent about their noncompliance may be sufficient if you have evidence of a history of violations. This is especially true if you’ve previously tried to communicate but were unsuccessful. Another effective method for resolving conflict is mediation, a type of ADR where a neutral third party assists parties in coming to a mutual understanding.
- Discuss the possibility of legal action with an attorney: In the event that efforts to mediate a dispute outside of court are unsuccessful, you may consult with a divorce attorney in Columbus about the various legal options that are open to you. This may require filing a motion to enforce a court order and having the judge decide on an acceptable resolution, such as scheduling make-up time for missing parenting time or making revisions to an existing parenting plan. It is also possible that it will involve requesting the court to hold the other parent in contempt, which carries with it the potential for repercussions like financial fines and perhaps time spent in jail. In any case, if you want the court to take action, you will need to provide proof for the claims you are making.
