What can the court do if the time-sharing schedule is ignored?

On Behalf of | Oct 18, 2022 | Florida Family Law

Divorce is difficult for everyone, but it can be especially hard on children. In Florida family law cases, the court will strive to ensure the child is safe, protected and has a positive relationship with both parents. Part of that is to have a time-sharing plan that, along with the custody arrangement, gives the child and the noncustodial parent sufficient time together.

Despite that, there are often instances when a custodial parent is not giving the noncustodial parent the time with the child they are obligated to as the agreement stipulates. This can stoke unhappiness, anger and tension. Frequently, the noncustodial parent is unsure of what they can do. Understanding the law and how this complicated situation can be addressed is imperative.

What might the court do to help with honoring a time-sharing schedule?

The court has multiple options that it will consider with parenting time. First, it will look at the agreement and how much parenting time was denied. It can then give the noncustodial parent extra time as compensation for what was missed. This will be done as quickly as possible, but there could be extenuating circumstances like school. The child’s best interests are, of course, paramount. The parent who violated the agreement may be assessed the financial costs for the makeup parenting time.

The parent who violated the agreement could be obligated to pay court costs and attorney’s fees that the noncustodial parent needed to pay to try and resolve the dispute. They might also be ordered to take part in a parenting course. Community service could also be ordered if it will not have a negative impact on the child’s well-being. In extreme cases, they could be charged with contempt of court.

Disagreements are par for the course in child custody and parenting-time cases. Denying parenting time is no way to solve them unless the child is in some sort of danger or it cannot be avoided such as a medical emergency or other urgent issue. Parents who are on good terms might be able to work this out on their own by exchanging days, holidays and other times at which the child is supposed to be with the noncustodial parent. If that is impossible, the court can be of assistance.

Caring professionals who treat clients like family may be able to help

Because these cases are emotionally charged, it is useful to have comprehensive legal advice to try and rectify the matter. That includes having personalized service that will protect a person’s peace. By that, the person who is seeking the parenting time they are supposed to get based on the agreement will want to have professional assistance that does not just treat them like family, but views them as family with all of the accompanying care that it implies.

From the outset, people will be kept informed as to how the case is proceeding, what the potential outcomes are, and have help from someone who represents a wide range of people from different personal and economic backgrounds. Calling for advice as soon as possible can be beneficial when dealing with the case and getting the parenting time plan followed as it should be.