If you have been divorced or separated and you share children with your ex, custody and parenting time can create an issue. It can be devastating to part with your child, even knowing that they are getting to spend time with their other parent. If your ex consistently doesn’t drop your child off on time it can be frustrating and unfair. Speak with a Mountainside post-judgment action attorney to learn more about your parental rights and options if your ex refuses to return your child on time.
What is Parenting Time?
Parenting time is exactly what it sounds like. It is the designated time that each parent gets to spend with their child. When a custody agreement is signed it outlines the parenting time and rights of each parent including when they should be picked up or dropped off by each parent.
What Can I Do if My Ex Doesn’t Drop My Child Off on Time?
Life can get in the way and over the years it is normal for one or both parents to be late dropping off the kids on occasion. Whether traffic was bad or you lost track of time, it would be stranger if there was never an instance of late drop-off/pick-up. However, an issue can arise when your ex is consistently late, showing no respect for your time or schedule.
It is important to emphasize that your custody agreement is a legally binding document. You both signed and agreed to the terms, so any disregard for its contents can be considered in contempt of court.
If your ex does not drop your child off on time consider the following steps.
- Contact your ex through texting, calling, or whatever communication method has been agreed upon. There may be a valid reason that they are late.
- Review your custody agreement to determine if there is a provision stating that drop-off time is flexible or other pertinent details that you can use when discussing the situation.
- Keep a record of any lateness or missed schedules. If the issue becomes a regular thing you can use this information to support your claim.
- Once you get in contact with your ex and have your child back, address the issue and explain your side. Suggest solutions or compromises you both can make to avoid further issues.
- If the lateness is frequent and disrupts your routine, consider suggesting modifying your custody agreement to an arrangement that works better for both of you.
- Contact your attorney if your ex is not responsive to your suggestions or continually disregards your parenting agreement. They can help you understand your rights and options. You may seek mediation to work out the issue or ask the court to intervene and enforce or alter the custody agreement.
If your ex is disregarding your time and schedule you have the right to pursue solutions and other options. Reach out to a skilled family lawyer for more information and legal advice.