Co-parenting with an ex isn’t always easy, but it can quickly become troublesome
if your ex fails to comply with a court-ordered child custody agreement. What can
you do if an ex breaks your custody agreement? Luckily, some legal options are
available that a qualified family law attorney can help walk you through.
Ex is Not Following a Custody Agreement
There are several ways an ex can break a custody agreement. Some examples
are perpetual lateness for drop-offs or pick-ups, limiting child visitation, making
unauthorized decisions, not paying child support or an allocation of expenses, or,
more seriously, child neglect.
So, what do you do if an ex breaks a custody agreement and you can’t work
things out on your own? It might be time to consult a certified family law attorney
in Ohio. A trusted lawyer will help walk you through your options and ensure you
take the right steps before involving the courts.
Some of your options for taking legal action include the following:
1. Letter from Your Attorney – Believe it or not, a letter from your attorney
can go a long way. In the letter, your lawyer will outline how a custody
agreement was broken and encourage your ex to take these matters
seriously. Using a lawyer to write a letter lets your ex know you’re ready to
take legal action if necessary.
2. Attend Mediation – The goal is to avoid going to court and work out your
issues amicably. Mediation allows you to sit with a neutral party who will
guide negotiations and help you work toward a positive resolution. You
can attend unrepresented or include your family law attorney to help guide
you on your custody rights and the pros and cons of changing any details
of your existing agreement.
3. File a Contempt Action – If you have a set custody arrangement as part
of your court order, you can file for contempt of court if your ex fails to
comply. It’s the legal way of telling the Ohio court system that your ex is
not abiding by the terms of the agreement, and you need it to be enforced.
4. Update/Modify Current Custody Order – If there are valid reasons your
ex can no longer comply with your original custody agreement, like a
recent move or change in employment status, you need to file to modify
the custody arrangement. If you don’t currently have a custody order, a
family law attorney can help you create one, so you can access the Ohio
court’s abilities to enforce any terms being broken.
In general, when it comes to an ex not following a custody agreement, it’s in your
best interest to be organized and keep track of your ex’s violations. Keep all
written communications and log dates and times as you see fit.
Also, whatever you do, maintain your cool. Never respond to your ex’s violations
with anger, revenge, or complaints. The goal is to maintain your pristine
reputation in the eyes of the court. A trusted lawyer can help you take the right
steps to find a resolution.
Take the Right Steps to Rectify Issues With Your Custody Agreement
A trusted Ohio lawyer can help you make the right decisions when it comes to
your ex not following a custody agreement. In order to maintain your reputation,
you need to understand your rights and take the correct steps to rectify any
issues. Choosing a knowledgeable, OSBA certified lawyer from the Law Offices
of Kenneth R. Kline LLC will help you feel confident in getting your custody
agreement enforced in the way it should be. Set up a risk-free consultation with
our office.