Violating Parenting Plans in Florida
In Florida, it is required for parents with children who are divorcing or establishing paternity to fill out a parenting plan. This parenting plan, once approved by the court, becomes a binding agreement which is enforceable by the court. Sometimes, it becomes a struggle for cooperation and abiding by a parenting plan. Unfortunately, in some cases, violations of parenting plans are constant, rather than an occasional thing.
Interfering with Timesharing in Florida
Sharing time with your children is rarely easy for either parent and it can be extremely stressful. Parents must try to put the children first but sadly for some parents, they do not. When a parent is intentionally late, doesn’t show up or withholds a child from the other parent, it is damaging to the children. This may also inconvenience the parent who is arranging their schedule around the timesharing plan. Further, child support is calculated based on the number of overnight visits, so if you have a parent who is not showing up regularly, this may have an effect on the child support you receive. If you are intentionally withholding “visitation” from your ex, you could be held in contempt of court even if you believe you are justified to do so. You can be arrested for interfering with timesharing or custody orders. Complying with your current order which includes the parenting plan is always the correct choice.
If Your Ex is Violating a Timesharing Plan
If your ex is violating a parenting plan, the only response or recourse you should take is to call a Tampa child custody attorney to assist you in filing an enforcement order. If you believe your child is in danger, then call the authorities first. You cannot use your children as a retaliatory weapon against the other parent no matter what the situation is. You can, however, choose a skilled Tampa family law attorney who will approach the courts with an enforcement order to help you to obtain relief.
Contact a Family Law Attorney in Tampa for Help With Enforcement of Parenting Plan Order
Although it can be very stressful when one parent is not keeping up their part of an agreement, it’s helpful to remain calm. Keeping a detailed record and calendar including any witnesses to timesharing violations is helpful. Also, recognizing that both parents may have unintentional and occasional violations and learning to let that go of those occasional mishaps is generally for the best. But, when there are clear and regular violations, you should call a family law attorney for assistance so you can get yourself and the children back on track with the help of the courts who can determine what is in the best interest of the children.
Penalties for Violating Florida Parenting Plans and Court Orders
The courts will take into consideration factors regarding the health and safety of the child, as well as the parent who is not abiding by the court order. Generally, the circumstances surrounding the non-compliance with the parenting plan must leave no doubt that withholding time or other violation was in the child’s best interest or simply unavoidable. The courts are free to take any of the following actions or other actions that they deem lawful and appropriate should one parent be found in contempt of court for violating a court order (parenting plan).
If you have been denied time sharing the court may:
- Grant additional time sharing with the child to compensate for the time denied.
- Order the non-compliant parent to attend parenting classes
- Modification of current parenting plan
- Order and assess financial costs to the offending parent
- Hold the non-compliant in contempt of court
- Order non-compliant parent to serve time in jail if found in contempt
Nilo J Sanchez & Associates – Protect Your Parental Rights
It’s always beneficial for parents to cooperate when co-parenting. Sharing custody of a child can be difficult, and especially if you are trying to co-parent with a difficult person. If you are struggling and need help to exercise your time sharing rights, or, if the other parent is not exercising their rights and not showing up for their scheduled timesharing, it is crucial that you speak to a Tampa Bay family law attorney. Nilo J Sanchez and Associates would like to ensure that your rights are protected under Florida law and your children’s best interests are protected by the courts.
For a consultation with Child Custody Attorney Nilo J Sanchez, please contact our Tampa Family Law Office today at (813) 879-4600.
“Nothing is More Important Than Your Family.”