However, co-parenting after a divorce or separation, when governed by a parenting plan established by the court, can be especially onerous.
You have significant rights and obligations under a parenting plan whether it is in place because of an impending divorce, an existing divorce, or a child custody dispute on its own.
Included in this category are the duties of providing for children financially and complying with court decisions, as well as the rights to joint custody, decision-making, and parenting time.
Even though many couples getting divorced choose no-fault divorces, in Ohio you can still get a divorce if one of the spouses is at fault. It is advisable to consult with an experienced family law attorney in Delaware if you need specific answers about your legal options.
How do we define a breach of the parenting agreement?
However, just because a divorce or child custody arrangement has been reached does not indicate that the parties will always abide by the terms of the agreement.
Parental violations of parenting plans can take numerous forms. As an illustration, consider the following:
- Failure to participate in a child-rearing exchange
- Missing pick-ups and drops-offs or parenting time because of tardiness
- Overstaying one’s parenting time without the other parent’s consent
- Refusing to let the other parent have access to the child during parenting time
- Not paying child support or refusing to cover expenses
- Allowing a child to spend time with someone who is barred from having contact with them due to an agreement or other legal restriction is exposing the child to risk.
- Denial of the child’s right to contact the other parent
- Deviating from a predetermined place (relocation)
- Keeping kids from attending school or meeting commitments
- Not consulting the other parent before making big choices
- Plan provisions can include things like who pays for what when it comes to extracurricular activities, who pays for medical care, and who gets to spend time with the kids.
Despite the detailed nature of parenting plans, it is not uncommon for parents to request a deviation from the terms of their agreement owing to unforeseen circumstances or a temporary lapse in compliance.
Although it is important for co-parents to be able to work together and be flexible when it comes to making adjustments to a parenting plan, major or frequent infractions may call for legal action.
