Have you noticed they aren’t holding up their end of the agreement? Do they arrive late? Is your child not ready to go when it’s time for pick-up? Are frequent adjustments and changes requested at the last minute?
If the problem is becoming a pattern, you may be dealing with what is commonly called custody interference or time-sharing interference.
The first step is not to react emotionally. It is to determine what is actually happening and take steps to protect your relationship with your child.
Start by Reviewing Your Parenting Plan
Before assuming a violation has occurred, read your current parenting plan carefully.
Look at the specific days and times assigned to each parent, exchange locations, transportation responsibilities, holiday schedules, and any provisions addressing schedule changes.
A disagreement about parenting is not automatically custody interference. Parents will sometimes have different interpretations of an order, and occasional changes may be necessary because of illness, emergencies, school events, or other circumstances.
The important question is whether the other parent is repeatedly failing to follow the existing schedule without proper cause.
Document What Is Happening
If you believe your time-sharing is being interfered with, keep a detailed record.
Document missed exchanges, canceled visits, late pickups, repeated schedule changes, and communications about the problem. Save relevant texts, emails, school messages, and other records.
Try to keep your documentation factual. Instead of writing that the other parent is “trying to destroy my relationship with my child,” record what actually happened, when it happened, what was communicated, and how much parenting time was missed.
A clear record can be much more useful than an emotional description of the conflict.
Keep Communication Focused on the Child
You may be angry, but responding with threats or insults can make an already difficult situation worse.
Communicate with the other parent directly and keep conversations focused on the child and the parenting plan. Whenever possible, use written communication so there is a record of what was said.
Do not ask your child to deliver messages, explain why a parent is upset, or choose sides. Children should not have to manage disputes between adults.
Do Not Try to “Even the Score”
One parent interfering with time-sharing does not give the other parent permission to do the same.
Florida law specifically provides that a parent should not refuse to honor the existing time-sharing schedule because the other parent has failed to pay child support or alimony. The obligations are treated separately. (flsenate.gov)
In other words, taking matters into your own hands can create additional problems rather than solve the original one.
Know What the Court Can Do
Florida law provides specific remedies when a parent refuses to honor a time-sharing schedule without proper cause. A court can order make-up time-sharing for time that was improperly denied. Depending on the circumstances, the court may also award reasonable attorney’s fees and costs, require a parenting course, order community service, impose other reasonable sanctions, or modify the parenting plan when appropriate. A violation may also result in a finding of contempt. (flsenate.gov)
That does not mean every missed visit will automatically lead to sanctions. The circumstances matter, including why the scheduled time did not occur and whether the parent had proper cause.
What If Your Child Is Being Withheld?
If the other parent is refusing to return your child, concealing the child’s whereabouts, or the situation raises immediate safety concerns, the circumstances can be much more serious than an ordinary scheduling dispute.
Do not assume that handling the situation yourself is the safest or most effective option. Contact an experienced family law attorney promptly to understand what legal remedies may be available.
Don’t Wait for the Problem to Grow
A single missed exchange may be resolved through communication. A continuing pattern is different.
If you are repeatedly losing parenting time, being denied scheduled exchanges, or dealing with behavior that appears intended to interfere with your relationship with your child, getting legal guidance can help you determine what steps make sense.
The Law Offices of Robert M. Geller can review your parenting plan, the circumstances surrounding the missed time-sharing, and the documentation you have collected. Contact our office to schedule a time to discuss the details of your situation.
