5 Ways to Handle Uncooperative Co-Parents and Breaches to Custody Agreement
Parenting is demanding, and it can be more daunting when a co-parent flouts the custody agreement at will. Fortunately, you can take some solution-driven steps if you find yourself in this situation.
This piece highlights five actions you can take when your co-parent breaches your custody rights:
Highlight the Issue
Custody agreements are usually comprehensive. However, some parents forget the terms as time passes, and some even think some terms are no longer relevant.
There have also been instances where a party does not know their actions violate the custody agreement. Sometimes, they assume you will not react if they shun some custody terms. In this context, pointing out the breach and reminding your co-parent of the agreement terms can be helpful.
The best way to communicate with your child's parents about this is to write to them, stating the provisions they have breached. Making this initial good-faith effort puts you in an advantageous position if you eventually seek court enforcement.
Explore the Option of Co-Parenting Mediation or Counseling
Sometimes, people breach custody agreements due to wrong interpretations of the agreement. When you and your estranged partner have differing understandings of the custody terms, you should attend co-parenting mediation and counseling. A seasoned third party can clarify the gray areas.
It is crucial to emphasize that most co-parenting counselors are licensed experts. They aim to help co-parents overcome their communication challenges and imbibe conflict-resolution skills.
You should consider co-parenting counseling because it helps you and your co-parent understand each other's stance. You will also learn how to react to each other's communication patterns. Many who have undergone co-parenting counseling have found it worthwhile as they learned how to avoid custody disputes through effective communication.
Another similar collaborative tool you can explore is mediation. A mediator will help you and your partner highlight crucial matters, investigate compromise or disagreement, and clarify misinterpretations.
“Many prefer the counseling and mediation options to the court system because they are less adversarial. You can resolve issues without necessarily becoming each other's enemy,” says family law attorney Paul Riley of The Riley Divorce & Family Law Firm.
Send a Letter Through Your Attorney
If your attempt to resolve the issue on your own or through a neutral intermediary fails, consider sending a letter through your attorney. This step shows that you are serious about addressing the underlying issues.
A reputable family law attorney will use the opportunity to state your co-parent's actions contradicting the agreement and the legal repercussions of non-compliance. Most people often sit up and do what is needed when they receive a letter from a lawyer to avoid the stress and costs of litigation. It is a long and uncertain route they do not want to take.
Institute a Motion with the Court
If your child’s parents keep dropping the ball despite all efforts to bring them back on track, you may have no other option than to approach the court for relief. Your lawyer will include the sections of the agreement that your co-parent breached when filing the motion with the court. They will also include the dates of each breach and how they happened.
Hence, you must keep a tab on the agreements they breach and the circumstances that trigger them. You must provide your attorney with these notes to build a convincing case.
The judge will consider the facts of the motion and order a suitable solution. Possible options include therapy, make-up time, attorney's charges, co-parenting counseling, or imprisonment.
Adjust Custody
You may consider adjusting the custody agreement if your co-parent repeatedly violates the custody terms. During this process, you can demand an adjustment to the arrangement or a legal custody change based on the prevailing circumstances.
If you modify the custody, the person will sit up and make things work. They will be more careful at this point because they know repeatedly violating the modified custody may trigger their jail time.
Final Thoughts
If you have a tense relationship and communication issues with your co-parent, your differences will not go on their own. You must deliberately address them through the options provided in this piece.
However, you can bolster your chances of a satisfactory outcome by involving a reputable local family law attorney. They will guide you on the best steps to achieve the desired outcome and help you deal with the issue decisively to prevent similar recurrences in the future.
You can focus on other issues while your attorney handles this equally crucial one.
