Simple Question:enforcement of custody agreement


#1

Dear Kev:

Greetings. First, she should send him a letter explaining the negative impacts (keeping a copy for herself) and let him know that she plans to follow the custody schedule from this moment on. She should also talk to him about it, the best she can. If the child is not adjusting to school well, etc., both the parents may want to talk to the teacher together and see the school guidance counselor to see what they think.

Her ex may file a child custody claim based on the fact that his time with the child will now be limited more than it was before, but that will be unlikely if she slowly goes back to the custody schedule in the separation agreement and they make the transition gentle for both dad and child. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hi Janet,

Thank you kindly for taking the time to respond.

What, then, would her recourse be if he decided NOT to follow the agreement? (i.e. - decided he was going to keep the child overnight, regardless of what the agreement says).

Thanks again!


#3

Dear Kev:

She has three (3) recourses:

  1. Call the police and ask them to help her enforce the separation agreement.

  2. File a claim for breach of contract against father of the child.

  3. File a claim for custody.

None of the options are great, but that is what they are. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Hi Janet,

Thank you again for taking the time to answer this. I really do appreciate it!

Have a good weekend!

-Kev


#5

My wife and her ex have a custody agreement from their divorce (naturally).

In the past, they’ve sort of used it as a guideline rather than following it precisely. (The ex might keep the kid on a night when he was supposed to just take him to dinner, etc. It was always known beforehand and agreed upon).

However, it’s negatively affecting the child now, spending one night here and one night there, etc.

Here’s the question:
If my wife decides that they should follow the agreement exactly now, and her ex doesn’t agree, what recourse would she have if her ex didn’t bring the child back on a night when he was only supposed to be visiting? (i.e. - decided he was going to keep the child overnight, regardless of what the agreement says).

Thanks!