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What to do when your ex violates the custody order

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What to do when your ex violates the custody order

| Jun 3, 2020 | family law |

You have a custody order dictating how and when you get to see your child. In the wake of your divorce, your ex also has a right to see the child. You’re fine with that, but the trouble starts when your ex begins ignoring the order. They don’t bring the child on time or, sometimes, at all. This violates your rights. What should you do next?

Do not resort to violating their rights as a means of making things “even.” You still want to abide by any legal custody orders, support orders and the like. This is frustrating, but do not compound the issue by mirroring their behavior and breaking these same orders yourself.

The first thing to do is to talk to your legal team and send a letter to your ex telling them that there will be ramifications if they do this again. Many times, that’s enough. They know that you’re serious, and they won’t risk it.

If you think that the child has been kidnapped and may be in danger, then it is time to get the authorities involved. Don’t call the police just because your ex is late showing up to the exchange, though.

In a situation where your ex ignores the letter and keeps violating your rights, you may need to ask the court if they’ll modify the agreement for you. Maybe you didn’t have a strict schedule with times, dates, and places listed out. Doing so could make your ex more consistent. The most extreme solution is to claim contempt of court and/or sue to have your ex’s custody rights taken away so that you alone get to spend time with your child. Make sure you know what steps to take.