Is Your Ex Not Following the Custody Agreement?
Child custody hearings can be exhausting and can take a physical and mental toll on everyone involved. However, once the evidence is presented and a judge makes a child custody ruling, both parties are legally bound to abide by the agreement.
Unfortunately, there are many instances where one parent/party ignores the ruling or finds subtle ways to bend the rules. If your Ex starts to do either of these things, you need to know your options and contact a family lawyer to make sure the custody agreement is enforced.
Arkansas Custody Agreements Are Binding
The law in Arkansas says that both parties must follow the judge’s order. This includes visitations, living schedules, and child support payments. If one party is not obeying the rules, the other party can request a special hearing or present evidence at an upcoming one; however, the original ruling must be followed until the judge makes a new one. So even if your Ex stops obeying the rules, you will still need to follow them.
Signs Your Ex is Violating the Custody Plan
There are obvious and subtle methods that your Ex might try to use while trying to disobey a child custody ruling. Examples of this may include:
- Call Your Lawyer. – Yes, and it is imperative that your contact you attorney sooner rather than later. They will be able to advise you on you best next steps, whether your case might need to be revisited or if more extreme actions might need to be taken.Remember, though, that until a new ruling is made, the previous ruling is still in force even if you call your lawyer to make changes to the agreement. So, do not stop abiding by your established order, including any child support payments.
- Maybe, Call the Police. – If your child(ren) is in danger, you’re not sure where they are, or if you think your Ex has fled with them, call the police immediately. Unfortunately, there are incidents where this happens.
- Consider Mediation. – Yes. If your ex disobeys the agreement, you can file a motion to have the case reevaluated through mediation. If you’re worried about the cost or whether you have a legitimate argument, the Arkansas Access & Visitation Mediation Program can help.
Withholding Visitation
One parent refuses to allow the child(ren) to visit during scheduled visitation and living times.
Canceling Scheduled Times
One parent cancels visitations or living times without your consent or approval.
Finding Ways to Keep the Child(ren) Longer
If one parent is legally allowed to see the child(ren) for a set amount of time, they cannot extend their visitation. While this might not seem like a big deal (like if one parent is running late), it can be used to manipulate the custody plan or even provide support for changing a custody plan. Court-appointed boundaries should always be respected.
Scheduling Activities During Your Times
This happens when one parent schedules something with the child(ren) during the other’s visitation times. If both parents agree, it is usually not an issue, but if this is done repeatedly, you may want to talk to an attorney, as it is a manipulation of the custody plan.
Making Poor Decisions or Involved in Inappropriate Activities
When this happens, a judge may appoint one parent as the sole decision maker for the child(ren). This means the other parent will have no rights when it comes to the child(ren)’s care and may not try to help in any way.
If Your Ex is Not Obeying the Custody Agreement, What Can You Do?
When one parent doesn’t follow the rules, it is easy to become upset and try to solve matters on your own; however, involving the right people (the police, your lawyer, etc.) is key to ensuring your and your child’s rights are being met and gives you the best possible outcome.
Here’s What You CANNOT Do
Most importantly, do not take the law into your own hands. Do not jump in a car and speed to your Ex’s house or publicly confront your Ex. Not only could this traumatize your children, but it could also be used against you in future custody hearings.
Custody Disputes Can Affect Child Support
Remember, while the disagreements/infractions are happening, the approved child support payments must continue. One person not following the rules does not mean the other person shouldn’t. If you can demonstrate your Ex’s failure to comply in future hearings, it may influence child support amounts going forward.
Need Help with Custody Enforcement?
To truly get the best outcome for you and your child(ren), you will need a lawyer who knows the laws and how to ensure your custody plan is respected.
If you have a custody issue or question, The Law Group of Northwest Arkansas PLLC is here to assist you. Call 479-439-9769 or contact us to set up an appointment.
Disclaimer: The Law Group of Northwest Arkansas PLLC (TLGNWA) provides general information about a variety of legal issues on this website as a public service. Information contained herein should not be considered legal advice on any specific matter. The use of information and reference links contained in this website do not constitute contractual, de facto, implied or any other form of attorney-client privilege or relationship. TLGNWA is not responsible for the use of information, forms, links, or documents contained in this website.
Due to the frequency and speed of changing laws, no guarantee is made as to the current validity or applicability of the information contained herein. Though we try to update information often, we recommend that readers with questions investigate current law or contact TLGNWA directly through our contact form or by calling (479) 334-3411.