Violating the parenting plan in Okmulgee has many consequences for both parents. When couples have children, they only have the best for them in mind. If a couple separates, both parents are still responsible for the care and well-being of their children. Usually, separated parents develop parenting plans to help them co-parent. If you’re a separated or divorced parent, you probably have a parenting arrangement of some sort. But what if your ex refuses to follow it? What legal recourse do you have at your disposal? If you’re in Oklahoma and want the answers to these family law questions, continue reading below to learn more about some potential consequences for the party that’s violating the parenting plan.
Parenting Plans and Child Custody
A parenting plan is an agreement between you and your ex that a court approves in either a divorce or paternity case. A parenting plan typically includes custody, visitation, how you and your ex will manage vacationing with your children separately, personal schedules, your children’s education, and so on. Ideally, you craft parenting plans to secure your rights, as well as to protect your children’s emotional well-being. Once a judge approves your parenting plan, you and your ex must abide by it.
Your ex probably isn’t abiding by your contract if they:
·refuse to return the children to you on time or without police intervention
malign you to the children
alienate the children from you
purposely missing counseling sessions.
- failing to abide by any material requirement set out in the custody and visitation order.
Many couples attempt mediation before they take it to court or making big changes to the custody arrangement. Mediation doesn’t require a judge, nor does it require an attorney’s presence. But it’s beneficial to consult a family law attorney for advice on how best to move forward. After all, getting courts involved may only serve to agitate your ex further and cause them to give you a more difficult time. Unfortunately, if your ex refuses co-parenting courses and won’t attend mediation sessions, filing a contempt order motion becomes your next option.
Filing A Motion For Contempt of Court
Before filing a motion of contempt order, secure evidence. You can document your evidence with eyewitness statements, video recording, and personal journaling made in real-time to be ready to file a motion of contempt. You and your ex will appear in court. Usually, a judge orders compliance after hearing both parties speak and reviewing the evidence. To force compliance, a judge may go as far as issuing a money bond against your ex or even issuing an order to an officer to retrieve your children.
Motions To Modify Parenting Plan
Violating The Parenting Plan and continued violations may be a basis for a motion to modify. This kind of motion askes the court to modify the child custody order that’s currently in place. The threshold requirement to modify an order for child custody is that since the last order was entered there is a change of conditions. In a case where one parent continues violating a parenting plan this meets the legal requirement and can very well end with the judge granting your request.
Child Custody Attorneys
Without a doubt, it’s unpleasant and hurtful when your ex won’t hold up their end in the bargain. What’s worst is that the children suffer the most. It’s unfortunate when children get dragged in or used as pawns when your ex becomes vindictive, but this happens all too commonly in child custody disputes. If you can, try mediation, but—more often than not—you’re going to need an intervention by the family court where the order is entered.
For a free consultation with one of the Kania Law – Okmulgee Lawyers give us a call today at 918. 621.8083 or contact us on line