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What Should I Do If My Ex Is Breaking Custody Orders?

On Behalf of | Jan 17, 2021 | Post Decree Modifications

What should I do if my ex is breaking custody orders after your divorce?  The first thing to check is your existing orders.  Are they clear?  Do they specify days and times for exchanges and visitations?  Your child custody and parenting time orders should be as precise as possible to prevent any misunderstandings.  For example, if an exchange is supposed to happen on Sunday, specify a time as well:  Sunday afternoons at 5:00 PM.

If your existing orders are vague it is no wonder your ex is breaking custody orders.  The Certified Family Law Specialists at Burke & Domercq can review your existing orders and carefully craft updated orders for the review and authorization of the Court.

Another step you must take if your ex is breaking custody orders is to document them, every time.  You may not realize it, but most smart phones add a date and time stamp to every picture.  Scroll through the pictures on your phone.  An i-phone, for example, displays the date and time of the photo at the top of the picture.  Simply take a picture as your ex opens the door to let your child(ren) out of the car seat(s).  If you want to add a layer of protection, add a note in your calendar documenting the time of your ex’s arrival and send the photo to a trusted family member to create an additional trail of documentation.

If your ex is breaking custody orders consistently we can file a “Request for Order” to modify legal and/or physical custody due to violation of the Court’s orders.  It may be necessary to attend mediation to discuss the issues at hand and seek a modification in either the behavior of your ex or ultimately a modified and more enforceable agreement.  If mediation is unsuccessful we will present your documentation and requests to the Court to seek enforcement and/or modifications.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.