What to Do When a Parent Violates Custody Orders in Missouri

What is the difference between a custody order and a parenting plan?

A custody order and a parenting plan are interconnected. The court issues a judgment that incorporates the parenting plan, making it a court-ordered parenting plan. Parents are expected to comply with this order. If parents get along, they may deviate from it as agreed. However, if there is conflict, they must adhere strictly to the terms.

What are common ways parents ignore custody orders?

There are numerous ways parents may ignore custody orders. These documents can be extensive, often 11 or 12 pages long, yet some parents still find ways to circumvent them. Issues arise when parents deviate from the order, especially if they initially agreed to a different routine. Problems often start when one parent decides to cut off contact, believing the other parent is a problem.

What can a parent do if the other parent does not follow the custody order?

If a parent does not follow the custody order, the other parent can file a motion for contempt or a family access motion to quickly bring the issue before a judge. The family access motion is the fastest way to get in front of a judge, provided there is an existing court order to enforce. In emergencies regarding child safety, contacting 911 or a child protection hotline is advised.

How long does it take to get a hearing with a family access motion?

The timeline for a hearing with a family access motion can vary. While it is the fastest method to reach a judge, it still requires the judge to review the case and understand why the parent is not complying. There may be justifiable reasons for non-compliance, but the judge will need to evaluate the situation in a standard court appearance where all parties are present.

What documentation is important to show a custody order isn't being followed?

Keeping detailed records is crucial. Parents should maintain two calendars: one showing the planned schedule and another showing what actually occurred, using different colors for each parent. Adding simple explanations as footnotes can be beneficial. Additionally, keeping a notebook of all related expenses with receipts is important to prove any financial discrepancies.

What do people often misunderstand about court handling custody disputes?

Many people are unaware of the behind-the-scenes work done by lawyers and might feel anxious if not constantly updated. It's important to understand that the legal process involves documentation and communication, which takes time. Misinterpretations in text communications can also exacerbate issues, so assuming the worst intentions is not helpful.

What role can technology play in managing custody arrangements?

Technology can aid in managing custody arrangements through co-parenting apps and shared family calendars. These tools facilitate communication and ensure both parents are informed about schedules and events. This reduces misunderstandings and ensures that both parties have access to necessary information without direct communication.