What Happens When One Parent Doesn’t Follow the Parenting Plan?
A parenting plan is more than a schedule on paper. In Florida, it sets out how parents will share time with their children and make important decisions about their upbringing. But what happens when one parent stops following it?
Disagreements can happen in any co-parenting relationship. A parent may be late for exchanges, miss scheduled time-sharing, fail to follow communication requirements, or make decisions that conflict with the parenting plan. While one missed exchange may be frustrating, a pattern of not following the plan can create bigger problems.
Start With the Parenting Plan
The first step is to look at exactly what the current parenting plan says. Parenting plans can address much more than where a child spends each night. They may include time-sharing schedules, holiday schedules, transportation, communication between parents, decision-making responsibilities, and other expectations.
Understanding the specific requirement that was not followed is important before deciding what to do next.
Keep Track of What Happens
If a parent repeatedly fails to follow the plan, keeping clear records can be helpful. Save relevant messages, emails, calendars, and other documentation showing what was scheduled and what actually happened.
The goal is not to create a record of every disagreement. It is to have an accurate history if the issue needs to be addressed formally.
Try to Address the Issue
If it is safe and appropriate to do so, parents may be able to resolve a problem through direct communication or mediation. Sometimes a misunderstanding or scheduling issue can be resolved without returning to court.
However, if the same problem continues, additional steps may be necessary.
When the Court May Get Involved
If a parent is not following a court-ordered parenting plan, the other parent may ask the court to address the issue. Depending on the circumstances, the court may consider whether a parent failed to comply with the existing order and what action is appropriate.
The consequences can depend on the specific facts of the situation, including the nature and frequency of the violations and whether the failure to follow the plan was intentional.
What If the Parenting Plan No Longer Works?
Sometimes the problem is not simply that a parent is refusing to follow the plan. Circumstances may have changed since the parenting plan was created.
A parent’s work schedule, a child’s needs, a move, or other significant changes may make the existing arrangement difficult to follow. In those situations, the issue may be whether the parenting plan itself needs to be modified rather than simply enforced.
The Bottom Line
A parenting plan is a court-ordered framework for co-parenting, and repeatedly ignoring it can have legal consequences. If you are dealing with ongoing problems with a parenting plan, understanding your options before the situation escalates can help you determine the best next step.
If you have questions about enforcing or modifying a parenting plan, reach out to Johnson Ritchey Family Law.
