What Options Do I Have in Port St. Lucie if My Ex Isn’t Following Our Custody Agreement?

When you’ve worked hard to secure a child custody agreement in Port St. Lucie, you expect both parents to honor it for the well-being of the child. But what happens if your ex continually refuses to follow the custody schedule or ignores important terms? This situation can leave you frustrated, worried about your child, and unsure of your legal options.

Florida law provides clear remedies when one parent violates a custody order, but many parents don’t know where to start. We’ll break down what steps you can take if your ex is not following your custody agreement. You’ll learn about documenting violations, seeking enforcement through the courts, possible penalties for noncompliance, and when it’s best to work with a Port St. Lucie child custody lawyer to protect your parental rights and your child’s best interests.

Understanding Custody Agreements in Florida

A custody agreement, often referred to as a parenting plan in Florida, is a legally binding document approved by the court. It sets out where the child will live, the time-sharing schedule, and decision-making responsibilities for the child’s upbringing. Once approved by a judge, both parents are legally required to follow it.

When one parent doesn’t comply, it is not just an inconvenience; it’s a violation of a court order. Fortunately, parents in Port St. Lucie have multiple legal remedies to address these situations.

Document Every Violation

The first and most critical step is keeping detailed records. Courts in Florida rely on evidence, and your ability to prove repeated violations will determine the strength of your case.

Instances to record can include:

• Missed visitation or late drop-offs and/or pick-ups
• Refusal to allow phone or video contact
• Attempts to deny you holidays or weekends granted in the plan
• Instances of badmouthing or interfering with your parental relationship

Keep logs, text messages, emails, and voicemails that show patterns of noncompliance. Screenshots of communication can also be valuable.

Do not retaliate by withholding your own visitation or refusing to pay child support. This can hurt your case. Courts want to see that you are following the agreement, even when your ex is not.

Attempt Communication

Sometimes violations are not intentional. A miscommunication, scheduling issue, or misunderstanding may be at play. A calm, respectful conversation, documented in writing, can sometimes resolve the issue without court intervention.

However, if the violations are consistent or deliberate, you will likely need to escalate to legal remedies.

File a Motion for Contempt or Enforcement

In Florida, the most common legal response when a parent violates a custody agreement is to file a Motion for Civil Contempt/Enforcement.

Here’s what you can expect in this process:

Filing the Motion: You attend a hearing where evidence is presented. You must show that the other parent willfully disobeyed the order.

Judge’s Decision: If the court finds a violation, the judge may order remedies to enforce compliance.

The possible consequences for your ex may include making-up time-sharing to compensate for missed visits, monetary fines or paying your attorney’s fees, modification of the parenting plan (if violations are severe and ongoing) and in extreme cases, jail time for contempt of court.

Seek Modification if Necessary

If violations are persistent and the other parent refuses to cooperate, you may petition for a custody modification. Florida law allows changes to the parenting plan if there has been a substantial, material, and unanticipated change in circumstances and if modification is in the child’s best interests.

Suppose your ex continually refuses to honor the schedule. In that case, a judge might alter custody to give you primary time-sharing or adjust the schedule to better support stability for your child.

Involve Law Enforcement When Needed

While law enforcement in Port St. Lucie typically won’t get involved in civil custody disputes, they may step in if the violation involves abduction or refusal to return a child, or threats to the child’s safety or well-being.

In those rare but serious cases, you can contact the police or the Florida Department of Children and Families (DCF).

Trusted Child Custody Representation in Port St. Lucie, Florida

At the Law Office of Denise Miller, we know how stressful it can be when your ex refuses to follow a custody agreement. Our firm is dedicated to protecting parents’ rights and, most importantly, the well-being of the children. Denise Miller has spent years helping families in Port St. Lucie navigate custody disputes, enforcement motions, and modifications with skill and compassion.

When you work with our firm, you can expect clear communication, thorough preparation, and a legal strategy focused on achieving a fair resolution for you and your child. Whether you need help filing a motion for contempt, seeking modification, or simply understanding your legal options, our team is here to guide you every step of the way.

If you’re dealing with custody violations in Port St. Lucie, take the next step toward justice. Contact us at 772-238-6295 to schedule a consultation and discuss how we can help.