What to Do If Your Co-Parent Won’t Follow a Child Custody Agreement

When couples split up, some of the most contentious issues involve their children. Although many parents try to make custody and visitation agreements work, sometimes they just cannot get on the same page. The best child custody lawyers know that when dealing with someone who refuses to follow a parenting plan or child custody order, it’s important to put your children’s best interests at the forefront. Taking these steps can help protect your rights and reinforce the terms of your custody order. 

Document Everything  

Whether your co-parent frequently brings your child home late or you’re dealing with a more serious matter like being denied access to your kids, proper documentation is crucial. Keep a calendar of scheduled parenting time, school events, appointments, and other items. Writing down what may seem like insignificant details can help make your case to modify or enforce a custody agreement. Be sure to keep a record of:

• Failing to pick-up or return the children on time 

• Cancelations and missed parenting time

• Failing to inform you about important events or issues

• Badmouthing you to or in front of your children

• Drug and alcohol use

• Disputes about education or health care

It’s also a good idea to save screenshots of evidence such as social media posts, texts, DMs, emails, and other communications related to your children and parenting plan. Good child support lawyers also advise documenting missed child support payments and other financial matters such as job and income changes. 

Address Issues Outside of Court

Communication is key when it comes to creating a successful parenting plan. Sometimes a parent’s behavior is unintentional, so it’s best to talk with your co-parent before taking any legal action. If this avenue has been unsuccessful, contact your attorney and ask him/her to write a letter that outlines why you believe your ex is not following your agreed-upon parenting plan. 

In some cases, formal mediation or other alternative dispute resolution methods may be necessary to sort- out custody issues. A formal court hearing can end up being quite costly and time consuming. Settling child custody disputes outside of the courtroom can be much more expedient and less expensive. Any agreement you reach can then be authorized and ordered by the court. If you don’t have a lawyer, find an affordable divorce attorney  to assist you with mediation to ensure that your rights are protected. 

File a Motion for Contempt

If all else fails, your attorney can file a motion for contempt with family court. That way, your co-parent will be forced to address the issue and explain to a judge why he/she is violating your existing custody agreement. Providing a well-documented proof of a pattern of behavior can also help the judge get a better understanding of exactly what is going on. 

If you need help with enforcing a parenting plan, our custody lawyers in Chester County, PA can help. It is also a good idea to consult a family estate planning attorney after any major life event such as divorce, marriage, or the birth of a child.

This blog was originally posted on https://pa4law.com/what-to-do-if-your-co-parent-wont-follow-a-child-custody-agreement/

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Joint Custody Agreement: How to Make it Work for You and Your Child

The facts are clear regarding child custody arrangements: children benefit from substantial and frequent contact with both parents. For this reason, the courts favor joint custody arrangements as long as there aren’t any factors that present a threat of harm to the child (such as substance abuse, child abuse or domestic violence).

To be clear, joint custody refers to both parents sharing the physical care of the child. Each parent will have his or her own household, and the child will travel from one household to the other in a schedule the parents have agreed upon.

Good child custody lawyers point out that the phrase “agreed upon,” is important to keep in mind when living with joint custody. You may not enjoy the interaction with your ex, and you may not be entirely happy with every detail of the agreement, but it is very important to abide by the agreement. A parent who habitually ignores the terms of the agreement is putting himself or herself at risk for a modification to the agreement that curtails or even removes joint custody.

What makes joint custody work? This is generally when both parents:

•    Agree it is in the best interest of the child;

•    Cooperate with each other and can make decisions together;

•    Live fairly near one another to minimize travel time and effort for the whole family;

•    Want to be involved in the day-to-day lives of the child.

Often, the most difficult step is coming up with a schedule that works for both parents. Depending on your work schedules, and your child’s school and activities schedule, you might consider custody schedules such alternating weeks, two weeks each, or every weekend (child lives with one parent during the week and the other parent on weekends). Older children may be included in the decision about what works best for them.

There are more complex shared schedules which may be easier to accomplish with young children and are found to be more psychologically beneficial for them:

2-2-3 is when the child lives with one parent for two days, the other parent for two days, and then alternates a 3-day weekend.

2-2-5-5 is when the child lives with one parent for two days, the other parent for two days, then five days with each parent.

3-4-4-3 is when the child lives with one parent for three days, the other parent for four days, and then spends four days with one parent and three days with the other.

Whatever schedule is agreed upon, your family custody attorney and other experts say the following tips will make it work better for your child.

1.    Do not criticize or belittle the other parent in front of the child.

2.    Remember that the child loves both of you as parents and needs the involvement of both parents.

3.    Any inconveniences that you may experience should not be blamed on the ex or on the child.

4.    Keep the custody arrangement separate from child support issues, good child support lawyers say.

5.    Cherish the time you spend with the child rather than regard it as something you have “won” in a fight with your ex.

6.    If you feel a change in the schedule would benefit the child, set aside any resentments you have with your ex, and discuss the change as a positive for the child.

In any issues regarding divorce or child custody, it’s best to sit down with an experienced Perna & Abracht LLC attorney as soon as concerns arise.

This blog was originally posted on https://www.pa4law.com/joint-custody-agreement-how-to-make-it-work-for-you-and-your-child/

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Child Custody Rights for Grandparents: What to Expect

Although it is often assumed that a child custody dispute is between parents, this is not always true. Grandparents may have very close relationships with grandchildren and may seek visitation rights or even custody of a child. Good child custody lawyers will tell you that this is a change in family law, as state laws granting rights to grandparents didn’t occur prior to the 1960s or 1970s.

Grandparents’ rights to visitation and child custody differ from state to state. In Pennsylvania, a family court may give visitation to a grandparent if:

•    One or both parents of the child has died, or

•    The parents have been divorced or separated for more than six months, or

•    The child has resided with the grandparent for more than a year.

When a Pennsylvania family court considers grandparent visitation, it is obligated to consider whether the visits are in the best interest of the child and whether the visits would undermine the parent-child relationship. In adoption, the grandparents’ visitation rights are ended, unless the adoption is to a stepparent or the grandparent.

Visitation Rights of Grandparents

The underlying concept of grandparents’ visitation rights is that the contact between grandparents and grandchildren is good for the children. As long as the parents agree with this, visitation can be arranged informally and no court decision is needed. If a parent objects and does not have a reason considered valid (see below), states have laws that protect the rights of grandparents, and may even extend to other family members (called “third party” or “nonparent” rights).

Federal law requires courts in each state to recognize nonparental visitation orders from family courts in other states. There is one US Supreme Court ruling that asserts the Washington state nonparental visitation portion of the state statute violates parents’ rights to raise their kids.

Family courts are obligated to ask the following questions when determining visitation rights for grandparents:

•    What is the relationship between the child and the grandparent?

•    What is the relationship between the parents and the grandparents?

•    How recently have the child and the grandparent been in contact?

•    How might the visitation affect the relationship between the child and his or her parents? The American Bar Association recently reasserted the rights of children and parents to have family unity.

•    Will grandparent visits negatively impact the child’s time spent with his or her parents?

•    Is there any evidence or history of grandparent abuse or neglect of the child?

Custody Rights of Grandparents

Granting custody to grandparents is less common than visitation, and the laws which govern granting custody to grandparents tend to be less specific. In a few states, the law considers grandparents as custodians if both parents have died. 

How would grandparents gain custody if a parent is alive and objects to the grandparents’ custody? The grandparents must prove to a family court that the parent is unfit and the child or children would have a better life with them. Good child support lawyers will tell you this cannot be a simple matter of economics (i.e., the grandparent is wealthy and the parent is not), but more of a safety concern for the child such as parental abuse of alcohol or drugs, or parental abuse or neglect of the child.

You may learn more about grandparents’ rights to visitation and custody by sitting down with an experienced family law attorney.

This blog was originally posted on https://www.pa4law.com/child-custody-rights-for-grandparents-what-to-expect/

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