Contempt Of Court for Parenting Time Violations

-
If the other parent refuses to obey the current order, there are several options that are immediate remedies and long term remedies.

A good parenting plan is necessary so both parties are clear on the time they will have with their children.   A clear and unambiguous parenting plan is essential when a parent is uncooperative or unfair.  If a parent fails to follow the parenting plan, it is grounds for contempt of court in Florida. When a parenting plan is clear for the Judge to understand and follow, then a Judge may more easily find that the other parent is failing to follow a clearly written parenting plan, that parent may be subject to sanctions by the Court. 

First, it is important to make the Court aware of the other parent’s actions and ensure that they are held responsible for disobeying the order. Depending on the details of your case, you may want to file a Motion for Contempt and request the other parent be held accountable.  The court may modified parenting plan so that you can make up the time you have lost,  a legal finding of contempt, an award of attorneys’ fees, financial sanctions, or even a jail sentence in some extreme situations.

Secondly, even if you do not file a Motion for Contempt, making the Court aware of the other parent’s actions can have a strong effect on the ultimate outcome of your custody case. The practical fact is that a Judge is less likely to give a parent a majority of time sharing of a child is they have shown a proven history of disobeying and disregarding Court orders.

If the other parent is not obeying the Court’s orders, it is important that you protect yourself and your legal rights. Contact us child custody attorney Carmelina Marin to see how I can help.

Comments

Post a Comment

Popular posts from this blog

BLENDED FAMILY SURIVIAL TIPS FOR HURRICANE and NATURAL DISASTERS

-
Image
At The Marin Law Firm, P.A. we want everyone to enjoy the summer without having to worry about what to do when severe weather threatens.  The best way to do that is to prepare now and know what you are going to do in the event of a hurricane.  Planning ahead gives you options and better control over situations that could become chaotic at the last moment if you are not ready.  Keep in mind how you will contact your children before, during, and after a hurricane or other natural disaster. Being prepared for disasters is a shared parental responsibility . The following are some steps to create a "Family Plan" for Blended Families for the upcoming hurricane season: Create a family emergency plan .  Sit down with your children and discuss where you would go if you need to leave your home. Be sure to write down everyone's cell phone number - parents, children, families and friends - and put them into your child's phone. Prepare for
Read more

Blended family and Summer Fun!

-
Image
Blended family & Summer Fun! You and new spouse have decided to make a life together and form a new, blended family that includes children from both of your previous relationships. Congratulations!! What lies ahead can be both a rewarding and a challenging experience. It can take a long time for a blended family to begin to feel comfortable and function well together.  In order to make the new blended family work balance must be found to accommodate everyone’s competing interest. The reality is that along with the great joy and expectation is that your kids or your new spouse’s kids may not be nearly as excited. They’ll likely feel uncertain about the upcoming changes and how they will affect relationships with their natural parents. They’ll also be worried about living with new step-siblings, whom they may not know well, or worse, ones they may not even like. To give yourself the best chance of success, it’s important to start planning how a blended famil
Read more

PARENTAL INTERFERENCE WITH CHILD CUSTODY: What it is and how to deal with it

-
Image
TUG OF WAR When a parent interferes with the parent-child relationship, so much that the parent unilaterally decides to keep the child away from the other parent, in other words, disrupts the custody rights of the other parent.  Parental interference generally is the term used after a divorce is finalized by the court as a Final Judgement of Dissolution of Marriage or after a paternity action.   In extreme cases, the parent conceals the whereabouts of the child and those actions may lead to criminal charges.  Interference with custody orders can be a major challenge for parents litigating time sharing schedule and a parenting plan, and in the most extreme cases it may lead to criminal consequences.  Not all custodial interference is a violation of a parenting plan or time  sharing schedule.  If a parent has a reasonable belief that they are protecting the child from danger, or bad weather prevents the child exchange, or an unexpected family emergency, i.e., death of a close r
Read more