Father Not Following Parenting Plan. If the other parent is not sticking to your parenting plan, below are some steps you can take to rectify that problem: However, florida child custody law 61.13 does allow parenting plans to be modified.
If your spouse is making it difficult for you to manage a successful transition between the two of you, you should bring up the issue to a judge immediately. Once the judge signs a parenting plan, it becomes a binding court order. Once the court has issued the parenting plan, it will be binding on both parents.
Simply An Agreement About The Terms Of The Orders Is Sufficient.
The noncompliant parent could be subject to sanctions, including attorney. A violation of the parenting plan is punishable by contempt of court and can be a criminal offense. However, even in that situation, a wild swing from one parenting plan to another is unnecessary.
If The Other Parent Is Not Sticking To Your Parenting Plan, Below Are Some Steps You Can Take To Rectify That Problem:
The parent requesting a change in parenting time must prove by a preponderance of the evidence that it is in the child’s best interests to change parenting time. There is no “parenting plan” police that goes around and monitors whether you are following the drafted plan. Once the court has issued the parenting plan, it will be binding on both parents.
Ask Your Own Family Law Question Customer Reply Replied 24 Days Ago
Both parents must follow it. In fact, some parenting plans contain provisions for times when the parents may agree to not follow parts of the parenting plan (in which case their behavior is not a violation at all). 1 found this answer helpful found this helpful | 0 lawyers agree.
This Is A Very Severe Punishment And Means That The Offending Parent Can Be Arrested And Fined Up To $500 Or Imprisonment In The County Jail.
If you feel the father is not following the court ordered visitation schedule you should file a motion with the court. Many times, the failure to follow the parenting plan is by agreement of both parties, and in the best interest of the kids. In either case, the parties are legally bound to follow the provisions in a parenting plan, but unfortunately, parents do not.
Short Of Approval For An Order Modification, Both Parents Are Expected To Follow Their Parenting Plan As It's Written.
Your court approved parenting plan is a court order. Notes on the parenting plan sample. The parent seeking compliance with the court order could file a motion for contempt asking the court to enforce its order.