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What to Do When Other Parent Breaks Custody Agreement

When parents go through a separation or divorce, they often establish a custody agreement to allocate their time with their children. However, any parent who has gone through a custody battle knows that not everything always goes according to plan. Unfortunately, it`s not uncommon for one parent to break the custody agreement, leaving the other with few options. But, there are a few things that the other parent can do to protect their rights and ensure that their child is safe.

1. Document everything

One of the most important things that a parent can do when the other parent breaks the custody agreement is to document everything. Keep a record of every time the other parent fails to show up for their visitation or takes the child without permission. Make sure to include the date and time, what happened, and any other relevant details.

2. Talk to the other parent

It`s always best to try to resolve issues of custody outside of court if possible. Try talking to the other parent and expressing your concerns. Explain that they are in violation of the custody agreement and that they need to start following it. Keep records of all the conversations and emails in case you need them later.

3. Contact your lawyer

If talking to the other parent doesn`t resolve the issue, the next step is to contact your lawyer. They can advise you on what steps to take next, including filing a motion with the court to enforce the custody agreement.

4. Consider mediation

Mediation is a form of alternative dispute resolution that can help parents resolve conflicts outside of court. A mediator can help you and the other parent come to an agreement on custody and visitation. If the other parent is willing to attend mediation, it can be a great way to avoid the expense and stress of going to court.

5. Go to court

If all else fails, the final option is to go to court. Filing a motion to enforce the custody agreement can be a lengthy and expensive process, but it may be necessary to protect your child`s best interests. A judge can order the other parent to follow the custody agreement and may even award damages for any harm caused by their failure to do so.

In conclusion, when the other parent breaks the custody agreement, it`s important to stay calm and focused on what`s best for your child. Remember to document everything, talk to the other parent, contact your lawyer, consider mediation, and be prepared to go to court if necessary. By taking these steps, you can protect your child`s rights and ensure that they have the time and care that they need from both parents.