Following Child Custody Agreement

by Carole from Tampa, Florida, Hillsborough County

Following Child Custody Agreement: Our court ordered child custody agreement gives my ex and I shared custody with switch off days on Monday after school. My ex said that he's taking the boys out of town this weekend and won't be back until Wednesday. He does not have my permission to do this.



What can I do legally when my boys are not at school Monday afternoon for pick up? What rights do I have?

Answer to Florida Child Custody Question

Dear Carole,

As a practical matter there is not a lot you can do if this is a single isolated incident and your children are not in danger, other than document the fact that he refused to abide by the parenting plan.

To document the fact that he has refused or failed to follow the parenting plan, make sure that you have his refusal in writing.

Even a text message is in writing.

If there are other instances where he has willfully refused to follow the parenting plan, or if he continues to ignore the court order, you may be able to have the court find him in contempt.

To initiate a civil contempt & enforcement proceeding against a party who is not complying with a prior court order, you must file a motion with the court explaining what the party has failed to do.

...A copy of this form must be personally served by a sheriff or private process server or mailed* or hand delivered to any other party(ies) in your case.

*Please note that if notice is mailed, the court in certain circumstances may not consider mailing to be adequate notice. If you want to be sure, you should have the motion personally served...

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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