For many divorcing couples, the most contentious and painful aspect of the split is creating a fair custody arrangement. However, once a custody arrangement is agreed upon and put into place, it must be honored. Unfortunately, issues within the divorce may lead one parent to forego this custody arrangement and not allow the other parent to see their child.
Here are the steps you need to take if your ex-spouse is not honoring your custody agreement and keeping you from your children.
Contact Your Attorney
If you have tried to contact your spouse through the phone or gone to your former spouse's home and they will not answer to door or are otherwise unwilling to honor the custody arrangement, speak with your attorney right away. Your attorney can help you determine which steps to take next and your rights under the custody agreement.
In some cases, your spouse could have been mistaken about the custody agreement or there is another reason that does not require the intervention of the court. Your attorney can write a letter or contact your former spouse on your behalf and inform your spouse they are in violation of the custody agreement.
Involve the Authorities If Necessary
Unfortunately, if your former spouse continues to violate the custody agreement, you may need to get the authorities involved. Your attorney can assist you in contacting the police to file a formal complaint against your former spouse. Additionally, your attorney may also advise you to contact the court and file a formal complaint with the court as well.
The court will ask you to provide information about the custody arrangement, including the dates and times your former spouse did not adhere to the arrangement. If the court believes your former spouse is in violation of the agreement, you have options to ensure you can regain custody of your children.
For example, if your former spouse has a pattern of violating the custody arrangement in the past, your attorney might advise you to file a motion of contempt with the court. This motion compels your former spouse to go before a judge and explain why they violated the custody agreement. If your former spouse refuses to honor the motion of contempt, they can be placed under arrest and lose custody of the children.
If your spouse is not honoring your custody agreement and not allowing you to see your children on your scheduled days, it is important to know how to handle the situation properly. Contact your attorney with any other questions you have about child custody.
To learn more, contact a child custody lawyer.