How Can I Stop My Ex from Interfering with My Visitation Schedule in Florida?
When separating from a partner whom you share a child with, a parenting plan will be the foundation of the day to day care of your child and the time spent with each parent. These agreements are legally enforceable and hold great weight with the court. Therefore, if your former partner is restricting or interfering with your parenting plan and the time spent with your child contact your Orlando Child Custody Attorney today, to protect your rights.
Interference with a parenting plan can take on many forms. For instance, a party may deny telephonic communication between the child; create parental alienation; a party may deny a visitation that is specifically designated in your parenting plan; or a parent may claim extracurricular activities or events have come up that interfere with the visitation. It is important to keep dates, times and specific instances of each violation of the parenting plan. Without evidence of interference there will be no basis for a claim to present to the court. Such evidence can be phone records or text messages that were not responded to, or correspondence directly denying you visitation time with your children. If you feel as though your partner is not adhering to the designated schedule or rules in your parenting plan contact your Orlando Child Custody Attorney immediately, provide them with your documented evidence, and allow them to draft a motion with the court to take proper recourse.
With a parenting plan being a legally binding agreement, the court has jurisdiction to enforce the agreement and order reasonable sanctions upon an offending party. Upon compiling of evidence, your Orlando Divorce Attorney will likely file a Motion for Contempt, or a Motion to Enforce a Parenting Plan, against your former partner. These motions will directly note the instances where your partner failed to adhere to the court’s parenting plan order. Upon a hearing, the court will determine if the party has in fact interfered with your designated time or hindered the relationship with your child. If found to be in violation, the court may order punishment such as fines or jail time. However, the party found in contempt may also be ordered to pay attorney’s fees, attend parenting courses, allocate time to balance out the time lost with a child, or even make modifications to the existing parenting plan. Such awards are given on a case by case basis and are up to judicial discretion. However, it is important to remember the goal of the court is not to punish your former partner, rather, the best interest of the child is in the forefront of their minds.
If your time or relationship with your child has been interfered with by your former partner, contact your Orlando Child Custody Attorney to review your parenting plan and protect you and your children moving forward.
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