What are the Options if My Co-Parent Broke the Custody Agreement Over the Holidays?

For divorced or separated parents with young kids, the holiday season can be especially challenging. There are often scheduling conflicts. The child custody agreement (specifically, the parenting plan if there is one in place) is key. If your co-parent has violated the parenting plan, you have the right to take action. In this article, our Clearwater child custody attorney explains the options that you have available if your co-parent broke the custody order/agreement during the holiday season in Florida.

The First Step: Carefully Document the Violation

First and foremost, it is important to emphasize that documentation is key in these cases. With that in mind, you should carefully record any custody/visitation violations by your co-parent. Should your legal case escalate, courts in Florida expect clear, specific evidence. Among other things, you should record dates, pickup times, missed exchanges, messages, and any last-minute changes your co-parent forced onto you. The more details you have, the better.

Option #1: Seek Clarification and Try to Work Things Out With Your Co-Parent

In some cases, the violation results from confusion or poor communication. In other cases, it reflects deliberate behavior. You should take the time to review what happened and assess your options for working things out directly with your co-parent. A low-conflict, proactive resolution is always best when possible. Of course, that is not possible in every case. 

Option #2: Handle the Issue Through Attorney-Led Communication 

Your family law attorney can contact the other parent to request immediate correction. The holiday window creates time pressure. Attorneys often resolve these issues fast because no one benefits from escalating a holiday conflict. Beyond that, your lawyer can also demand that the other parent follow the parenting plan as written under Florida Statutes § 61.13.

Option #3: File a Motion to Enforce/Compel Compliance

If informal efforts fail, you can file a motion to enforce the parenting plan. The court has broad authority to compel compliance. Judges look for the best interests of the child and the structure of the existing order. The process can move quickly because holiday violations show the court that the conflict affects the child in real time. Depending on the circumstances, the available relief may include makeup time, modification of terms, or an order that limits unilateral schedule changes. 

Option #4: Seek a Child Custody Modification (Repeated Violations) 

Finally, if there have been repeated violations of the child time-sharing agreement, you can and should seek a custody modification. As a general rule, one violation will not justify modification. A pattern can. The holidays often expose deeper issues in co-parenting. If your co-parent regularly refuses to follow the plan, you can seek modification based on a substantial, material, and unanticipated change. Your Florida child custody lawyer can help you determine the best strategy. 

Speak to Our FL Child Custody Lawyer Today

At the Law Office of Gale H. Moore P.A., our child custody lawyer is a skilled, experienced advocate for parents. If your co-parent violated your custody order/agreement, please contact us today for a fully confidential initial consultation. From our Largo office, we provide child custody representation in Clearwater and throughout the surrounding region.