Enforcement and Contempt of Timesharing Orders in Tampa Bay
When a parent does not wish to comply with a timesharing or parenting plan order in Florida, a motion for enforcement of timesharing or contempt should be filed with the courts. Tampa divorce and child custody attorney Nilo J Sanchez can represent you in enforcement, contempt, modifications of parenting plans or other family law post-judgement enforcement matters.
Interfering with Court Ordered Timesharing in Florida
Interfering with court ordered time-sharing is problematic for both the parent who is interfering, as well as the children and parent who is being subjected to this behavior. If you have a court approved parenting plan (order) it spells out the terms of time-sharing and child custody. When one or the other parent does not abide by this order, rather than continue on in a cycle of high conflict and disappointment, it is highly beneficial to seek relief from the courts. Asserting your parental rights is beneficial to you, and your children.
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Not Showing Up for Timesharing, Not Following the Parenting Plan
Generally, flexibility is advised if occasionally a parent shows up late, or otherwise is not abiding by a parenting plan. However, chronic disregard and willful disregard of a court ordered timesharing order is unacceptable and it should be addressed with the courts. The courts are to look to the best interest of the children and it is assumed that the Judge did so prior to their final order. Attorney Sanchez also understands that it can be extremely stressful when a parent is not abiding by the parenting plan. Decades of experience as a Tampa Family Law Attorney has proven that these high conflict issues should be addressed and resolved sooner, rather than later.
Enforcement Orders – What Do They Mean?
Violating a parenting plan and being found in contempt can be troublesome for all involved. When an enforcement motion is filed, it is seeking the court’s recommendation and ruling on how to proceed with time-sharing and custody. If you are found in contempt or the courts believe you have been non-compliant, the courts penalties can be stiff. If you have been denied time-sharing, the courts can take a variety of measures against you such as granting additional time sharing to the parent who has been denied, you may be ordered to parenting classes, assessed financial penalties or wage garnishment if child support is an issue. If found in civil contempt, the judge can order the person in contempt to be incarcerated.
Tampa Child Custody & Time Sharing Attorney
When considering contempt and enforcement, the judge will take the children’s best interests into consideration. The courts will look to the health and safety of children and whether the noncompliance was unavoidable or simply chronic bad behavior and willful noncompliance. If financial burdens are placed on either parent such as when a scheduled return causes a parent to be late for work, or if the parent does not show up at all, it can result in a variety of remedies by the court. In Florida, child support is calculated in part by the amount of time-sharing there is between the parents, so there can be significant financial burdens to the compliant parent.
The best way to move forward and to resolve time-sharing or child support issues is to speak with an attorney. Schedule a consultation with Tampa divorce and child custody attorney Nilo J Sanchez & Associates can help you to determine if filing an order of enforcement of timeshare would be in your best interest. If you have been served with a notice of hearing for enforcement of time-sharing it is highly recommended that you hire the best child custody attorney in Tampa Bay for you. If you are out of State and have a child custody order in Tampa Bay and require a Tampa Child Custody Attorney, please reach out to our Family Law Firm for help.