Co-parenting can be difficult, especially depending on the relationship you have with your child’s other parent. Being late once in a while is understandable, but if your ex consistently doesn’t drop your child off on time there may be a bigger issue at hand. Reach out to a Sussex County, Sparta post-judgment modification attorney to discuss your parental rights and legal options.
What Should I Do if My Ex Doesn’t Drop Off My Child on Time?
If your ex is late dropping off your child, your first instinct may be to panic and assume the worst. Try to remain calm. If you cannot get in touch with your ex, ask yourself the following questions.
- Is there heavy traffic in the area? Is it rush hour?
- How much time has passed since drop-off was supposed to take place?
- Is your ex frequently late dropping off your child?
- Have there been any changes lately in your ex’s life or your relationship with them?
Try to relax and consider the chances that your ex is just running behind schedule versus the chances that your ex will not return your child at all.
If you are genuinely concerned about your child’s safety, contact the police and show them your custody order. Give them your ex’s contact information and explain the situation.
If this is a frequent occurrence there is a good chance that your ex’s lateness is not an accident and is instead an act of defiance towards the parenting agreement. Contact your attorney and discuss your options. You may be able to discuss the issue with your ex, attend mediation to sort out the issue, or petition the court for enforcement.
Can I Complain to the Court?
You can also file an official complaint with the court. If your ex isn’t abiding by the parenting time arrangement in your custody agreement they are acting in opposition of a binding legal document. If you want to take legal action, review the terms of your parenting agreement to ensure your ex is in violation of the contract. It is important that you understand the specific terms.
Document all instances when your ex has failed to comply with the agreed-upon schedule. Keep a record of the dates, times, attempted communications, and any other relevant information.
Once you have gathered all of the necessary information, you can file a motion or petition with the court requesting enforcement of the custody agreement. The court will determine if modifications to the document or enforcement are necessary. If they agree that your ex is in violation of the order they can impose penalties or modify the custody arrangement to better suit the child’s needs and allow for compliance on both sides.
Contact a Family Attorney
Regardless of what course of action you choose, your lawyer can help you through this process. When filing a complaint with the court your attorney can help you gather and organize evidence as well as file a motion and explain your side. It is important to consult an experienced family lawyer to ensure your complaint is properly drafted and handled.
