Divorce decrees are legally binding documents, not mere suggestions. If your ex-spouse does not follow the visitation schedule, it disrespects the court and can harm your children’s emotional health. What legal steps can you take in this important situation?
Protecting your child’s well-being and your rights as a parent
If your ex consistently interferes with the court-ordered time with your children, consider these steps:
- Document everything: Keep a detailed record of every instance where your ex violated the visitation order. Note dates, times and specific details. Gather supporting evidence, such as emails, texts or voicemails, if possible.
- Attempt communication: Before taking legal action, try communicating with your ex in writing. Express your concerns about the missed visits and their impact on the children. Keep your tone neutral and focus on finding a solution.
- Consider mediation: Suggest mediation with a neutral third party. A mediator can facilitate communication and help you reach a mutually agreeable resolution.
- File a Motion for Contempt: If communication and mediation fail, this legal action informs the court that your ex is violating a court order. Be prepared to present your documentation and evidence to the judge.
It is important to note that in Tennessee, willful disobedience of a court order can lead to grave consequences. The non-compliant parent may face fines, mandatory parenting classes or even jail time in extreme cases. Courts may also modify the custody arrangement if deemed necessary to the situation.
Seeking legal guidance is crucial
When dealing with family law matters, having an experienced attorney on your side is always advantageous. Keep in mind that your goal is to give your children a secure and supportive environment while also safeguarding your parental rights. The proper approach and professional guidance can help you achieve both.