Monday, November 12, 2012

What if your spouse doesn’t follow the custody agreement?


Although most judges consider it a priority to ensure that their court orders are enforced, parents need to realize that judges must be informed that there is a problem before they can take any action to remedy a problem. This comes up frequently in situations where parents don’t get along and they use a contentious custody schedule to further provoke each other.

If you’re a parent and your spouse (or former spouse) is denying you your court-ordered visitation there are steps you can take to remedy the problem. The first bit of advice that should be pointed out is that getting the police involved is absolutely NOT the right way to go. It is not their job to enforce orders from civil courts and you don’t want to make the matter worse by upsetting your kids.

By doing everything that the court order requires, such as by adhering, to the letter, to the written schedule, you can ensure that there are no excuses for your spouse to deny you your time. Also, if the order calls for advance notice of changes, be sure to follow to that as well. By remaining as compliant as possible, you will protect yourself from charges that you were to blame for the trouble.

If things go badly, start by informing your spouse, in a written document, that you will be enforcing your rights exactly as the court orders are written. If there is a response that shows their unwillingness to do so, keep it as evidence. Also, be sure you have a reliable witness if you try to pick up your kids and are denied access to them. Evidence is crucial to bring before a judge in cases like this to avoid the “he-said-she-said” problem that often affects these kinds of situations.

If the terms you worked hard to agree on relating to your children are not followed properly it’s good to know that there are channels to go through in order to ensure that the agreement is followed. Working with an experienced Ohio divorce attorney can be an excellent resource for people who are struggling with visitation issues similar to this one.

If you find yourself facing the prospect of divorce, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Gasper.

Source: “Strict adherence to visitation order essential,” by Andrew Grossman, published at Dispatch.com.

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How Divorced Ohio Parents Can Claim Dependent Children

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