What To Do If Your Ex-Spouse Is Not Following Custody

What To Do If Your Ex-Spouse Is Not Following Custody

What To Do If Your Ex-Spouse Is Not Following Custody


Divorce is a tough thing to go through, especially when there are children involved. One of the most important things to be agreed upon during a divorce is the custody arrangement. It's a delicate and sensitive matter, and the final decision heavily depends on the child's best interests. Unfortunately, there are instances where the other parent does not follow the agreed-upon custody arrangement, causing frustration and stress. If you're experiencing this kind of situation with your ex-spouse, this blog post will guide you on what to do.


The first step is to talk things over with your ex-spouse. They might be unaware that they're not following the custody agreement, or there might be valid reasons why they're doing so. Keep your communication open and respectful. Try to find a middle ground and see if you can work things out together. If, after that, the issue persists, talk to your lawyer.

Make sure that you document what's happening. Write down specific instances when your ex-spouse is not following the custody agreement - from delayed pick-up or drop off to canceled visits. Record the date, time, and situation. It will help you present a strong case if you decide to seek legal intervention.

Consult with your lawyer. They can help you decide on the course of action to take. Your lawyer can send a demand letter to your ex-spouse that will legally demand them to follow the custody agreement and present the consequences if they continue to do so. This letter can be enough to make your ex-spouse adhere to the agreement, but if they don't, you might have to take civil action.

You can file a contempt of court petition. A contempt of court petition states that your ex-spouse is not following the court's decree, and consequences can include fines or, in extreme cases, imprisonment. It's a grave decision, so before filing the petition, make sure you have proper documentation of the violations. And remember, going to court will result in a legal battle that can be stressful and costly.



Dealing with an ex-spouse who's not following the custody agreement is a challenging and emotional process. You have to remember that the priority is your child's welfare, and you have to do everything to ensure that your child's time with their other parent is not compromised. It's best to consult with a family lawyer to know better what course of action to take. If you are looking for a family law practice in Orlando, FL, Ilvento Law can give you legal guidance and representation. Contact us today for more information.

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