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Law Offices of Stephen K. Miller, P.A
 
My ex refuses to comply with our timesharing schedule.  What are my options?

My ex refuses to comply with our timesharing schedule. What are my options?

In the aftermath of a divorce or custody battle where a timesharing arrangement has been established, both parties are required to honor the timesharing arrangement or face consequences. Unfortunately, when one party refuses to honor the timesharing arrangement, it can be difficult on everyone, including the child.

Florida law outlines specific penalties for a parent who refuses to honor parental timesharing that has been ordered by a court. If a Court finds that a parent has been improperly denied timesharing, extra timesharing can be awarded to the parent who has been denied time with the child or children which is referred to as "make-up timesharing." Make-up timesharing may be awarded to the non-offending parent but it must be in the child’s best interest, and can be ordered to occur at the expense of the non-compliant parent.

Additional sanction may be levied by the Court against the non-compliant parent including requiring the non-compliant parent to pay the non-offending parent's attorney's fees and costs incurred to enforce the timesharing arrangement, order the non-compliant parent to attend a parenting class or to perform community service or require the non-compliant parent to have the sole financial burden of effectuating timesharing.

Perhaps the most severe sanction permitted under Florida law is a modification of the timesharing schedule if such modification is in the best interest of the child. As an example, the timesharing schedule could be changed from the father exercising majority timesharing to the mother exercising majority timesharing if the father is not honoring the mother's current timesharing rights. However, in order to modify custody, the timesharing interference must be substantially affecting the other parent's rights. If you are having difficulty getting your ex to comply with a timesharing schedule, or would like to modify custody for other reasons, contact an experienced family law attorney as soon as possible to discuss your options in going forward with an action.

In addition to custody matters, our firm also takes on cases involving divorce, relocation issues, domestic violence injunctions, will and probate, criminal defense, personal injury, medical malpractice, and wrongful death cases. While our main office is in Gainesville, we also handle family law matters through our satellite offices in Ocala, Chiefland, Lake City, and Palatka.

For help with your legal issue, contact the Law Offices of Stephen K. Miller for a free phone consultation at (866) 496-8752 or via email at Info@ForYourLaw.com

BY: Stephanie N. Mack, Board Certified Marital & Family Law Attorney

November 12, 2012
 
 
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