Question:
My ex has not wanted to comply with parenting times in terms of picking our children up or dropping them off as it states in the divorce decree.
Because this violates the decree, am I allowed to keep my ex seeing the kids during upcoming parenting time?
Answer:
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
This is always the hardest situation to deal with when it concerns family law. You have a court order that mandates that on certain dates and times the other parent is supposed to have parenting time with the child, but that parent routinely dismisses this time. It leaves you with a question of, “What do I do?”
The inclination of most people is to not show up during the other parent’s next scheduled time because they assume the other parent will just not show up or won’t follow the mandate.
However, while that may be the case for the majority of situations, you always risk getting accused of being in contempt of the court yourself.
I would recommend that you go back to court and advise the judge that parenting time needs to be modified since the other parent is not exercising parenting time correctly.
You could argue that it is disruptive to the child’s day and makes planning difficult. Furthermore, it may be ultimately harmful to the child to expect to see the other parent only to not have that parent show up on a consistent basis.
By modifying the parenting schedule, you can insulate yourself from being accused of being held in contempt of court and, hopefully, have some stability in your life.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Kentucky divorce lawyer Jason Bowman, contact Cordell & Cordell.
