A court-approved custody order provides a clear breakdown of parental rights and responsibilities. Parents have a schedule to follow. They each generally have a certain percentage of overnight time with the children. They are subject to a specific schedule that rotates or splits holidays and other special events. They also likely need to communicate with one another about major decisions related to their children.
Most divorced or separated couples subject to custody orders find ways to work together. However, some families have a difficult time adjusting to shared custody. One parent might ignore the terms of the custody order. What can people frustrated by constant custody violations do to resolve the issue?
Seek court enforcement
The family courts generally expect parents to cooperate and focus on what is best for their children. A parent who shows an unwillingness to communicate with the other or abide by the custody schedule can create a host of complications for the other people in the family.
Parents frustrated by a co-parent making decisions without their input or canceling their parenting sessions need to document what occurs. They need evidence that can convince a family law judge that misconduct has occurred.
Judges can enforce custody orders in several ways. They can order makeup parenting time. They can reverse decisions made by one parent without the input of the other. Parents dealing with frustrating custody order violations may need a judge to help them by enforcing the existing order.
Ask for a modification
Sometimes, one parent has made it abundantly clear that they do not intend to work cooperatively with the other parent. They may have ignored previous enforcement efforts or doubled down on their bad behavior by finding ways around the custody order.
When a parent has displayed an unwillingness to uphold a custody order in good faith, a judge may determine that they are incapable of acting in the best interests of the children. They may decide that a modification of the custody order is appropriate given the circumstances.
A modification can change the division of decision-making authority or alter the breakdown of parenting time. Judges want parents to work in the best interests of the children, and when they do not, they may risk losing their parental rights.
Reviewing frustrating child custody issues, such as a co-parent who may have violated a custody order, can help parents decide what step to take next. Parents can often rely on the courts to help them by enforcing a custody order or modifying it when parental disputes regularly arise because of custody order violations.