Common Parenting Plan Violations
Parenting plan violations come in many forms, including:
- Denying visitation: One parent refuses to let the other parent see the child without a valid reason.
- Not returning the child on time: A parent consistently drops off or picks up the child late.
- Interfering with communication: One parent blocks phone calls, emails, or other contact with the child.
- Ignoring decision-making agreements: One parent makes major choices about education, healthcare, or religion without consulting the other.
- Failing to follow the holiday schedule: A parent does not comply with the holiday or vacation time-sharing plan.
Even minor violations can add up and create long-term conflicts. Documenting issues and addressing them early can help prevent bigger problems.
How to Handle a Parenting Plan Violation
If your co-parent violates the plan, stay calm and take steps to resolve the issue.
- Communicate first: If possible, talk to the other parent about the violation. Misunderstandings happen, and a direct conversation may solve the problem. Use written communication, like text or email, to keep a record.
- Document everything: Keep track of missed visits, late drop-offs, or other violations. Write down dates, times, and any messages exchanged. This documentation may be useful in court.
- Review your parenting plan: Make sure you understand the agreement. If the other parent claims confusion, remind them of the terms.
- Send a formal notice: If violations continue, send a written request for compliance. A polite but firm email or letter can serve as proof that you tried to resolve the issue.
- Seek mediation: Florida courts encourage parents to use mediation before taking legal action. A neutral mediator can help both parties reach a solution.
If these steps do not work, legal action may be necessary.
Taking Legal Action for Violations
Florida law allows parents to enforce parenting plans through the court system. If your co-parent continues to violate the agreement, you can file a motion for enforcement.
A judge may:
- Order make-up time for missed visitation.
- Impose fines or penalties for repeated violations.
- Modify the parenting plan if violations are severe.
- Hold the violating parent in contempt of court, which may result in legal consequences.
Florida courts prioritize the child’s best interests. If one parent consistently disrupts the plan, the court may adjust custody arrangements to provide stability.
Can You Modify a Parenting Plan Due to Violations?
If the violations are serious or ongoing, you may request a modification. Florida allows changes to parenting plans if there is a substantial and material change in circumstances. A pattern of violations may qualify.
To modify the plan, you must prove that:
- Current arrangement no longer benefits the child.
- Other parent’s behavior harms the child’s stability or well-being.
- New plan would better serve the child’s best interests.
- Judge will review the evidence and decide if a modification is necessary.
Protecting Your Parental Rights
Do not ignore repeated violations. Failing to take action may allow the other parent to continue disregarding the agreement. Protect your rights by staying informed, keeping records, and seeking legal help if needed.
If your co-parent is violating your parenting plan, you do not have to handle it alone. The Geller Law Firm can help you enforce your rights and find solutions that work for you and your child. Contact us to discuss your options.
