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What are my options if the other parent is not abiding by the parenting time order?

On Behalf of | Feb 10, 2022 | Child Custody |

Custody issues are often one of the biggest issues that occur between parents who are not in a relationship. Having a formal order from the court is always the best first step to making things easier, but even with an order, things can go off the rails.

However, if the other parent is not abiding by the child custody order, the Michigan Department of Health & Human Services explains you have some options for how to handle it.

Other parents ignoring the order

If the other parent is not allowing you to see your child or is doing other things outside of the order you have from the court for custody arrangements, you can do one of two things. You can go straight to court and file a motion. This would allow you to ask the court to enforce the child custody order under the threat of punishment.

The other option is to contact the Friend of the Court. This allows you to seek enforcement of the order and get a formal complaint on file in your case.

Common issues

There are a variety of common issues you may run into with custody arrangements. To begin with, you should understand that there is no link between custody and child support. You cannot deny the other parent’s rights to see the children because he or she is not paying support and the other parent cannot deny you visitation either on these grounds. If there are issues with support, then you should go to court to handle those.

If the other parent refuses to see your children, then you should still attempt to follow the parenting plan. Make sure to document the refusal to take them or any communications from the other parent that he or she refuses to abide by the order. You will need this as evidence if you must go to court.

If the other parent refuses to hand your children over to you according to the custody arrangements, you may have the ability to file parental kidnapping charges, but you should get guidance from a custody professional or speak to law enforcement about this option.