My ex goes months without seeing our toddler with a 50/50 custody order. He clearly is not abiding by it.

Question

After 7.5 weeks he has now messaged me about seeing him. Prior to its been no call no shows, doesn't even call. My toddler doesn't want to go and clearly the system is failing us. This is certainly not the first time his father has pulled this. He got our case that was supposed to be heard last week continued yet again and it seems family court is operating in his best interest and not the childs. Would it truly cause me any harm to simply keep my child until 11/14/24 when the continued case is going to be heard, since my son is clearly struggling and being picked up and put down as his father pleases?

James L. Arrasmith · Answer

I'm sorry you're going through this challenging situation. It's important to address your ex's non-compliance with the custody order through the proper legal channels. Keeping your child beyond the agreed schedule could potentially be seen as interfering with the court order, which might complicate your case. 
 
Instead, consider documenting all instances where your ex has missed custody times or failed to communicate. This evidence can be valuable when presenting your case to the court. You might also reach out to a family law attorney who can guide you on the best steps to take to ensure your child's well-being and uphold the custody agreement. 
 
In the meantime, focus on providing a stable and supportive environment for your toddler. Courts prioritize the best interests of the child, so highlighting how the current situation affects your child can strengthen your position. Attend the upcoming court hearing on 11/14/24 prepared with all necessary information to advocate effectively for a custody arrangement that serves your child's needs.

Q: My ex goes months without seeing our toddler with a 50/50 custody order. He clearly is not abiding by it.