What to do when one parent will not follow the time-sharing plan

Child custody is typically the most highly contested aspect of a divorce. It is for this reason that the Florida senate passed a bill in 2016 that aims to give both parents equal time with any children they share following a separation. 

However, equal time does not necessarily mean everyone is always going to comply. It is not unheard of for parents to be difficult when it comes to the time-sharing arrangement. This occurs when one parent is always late with dropping the other child off or otherwise gains more time with the child than the court allotted. There are actions to take under these circumstances. 

Document as much as possible

Write down notes detailing everything that transpires. If something happens once, then there is likely no need to take any other actions besides informing the other parent to try to not do it again. However, notes and documents can reveal a pattern that is useful to attorneys and judges. 

Have an attorney send a letter

When the behavior continues, you should speak with your attorney to send a letter to your ex asking to stop disregarding the arrangement. This may be all your ex needs in order to stop. 

Avoid doing anything that could reflect negatively on you

You want to maintain the higher ground in this scenario. If your ex breaks the arrangement, then you do not want to break it, too, out of spite. You also want to avoid speaking negatively of your ex in front of the kids. These actions only hurt you during child custody hearings regardless of the context. 

Ask a judge to alter arrangement

When an attorney letter does not halt the behavior, then you should seek a judge's assistance with changing the time-sharing agreement. The judge may alter it to give the other parent fewer days in the week for visitation. Additional penalties could include fines or even sanctions. 

No Comments

Leave a comment
Comment Information
FindLaw Network

Learn How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


Rachel Rall, Attorney at Law, P.A.
1723 Blanding Blvd.
Suite 101
Jacksonville, FL 32210

Map & Directions