You and your former spouse have been divorced for some time. Thankfully, you were able to reach a custody agreement and it’s been working — until now.
Recently, your ex has failed to pick up your child on their designated days several times, and they’ve kept the child for longer than the agreement states when they do take them. You’re worried about the welfare of your child and what this is doing to them.
Can you have the custody order modified? When is this a possibility?
When your ex disobeys the order
Whether you negotiated a suitable custody arrangement amicably, or the court stepped in, the end result is legally binding. Neither you nor your ex can simply disregard the custody order because you do not agree with it
If discussing the issue with your ex hasn’t work, then the court can remind them in a more formal manner. If they continue to disobey the current arrangement, then it can be modified, and the court might even impose legal penalties for contempt.
Other factors
Any custody arrangement must meet the best interests of your child. Children grow up quickly and their needs will change. The family courts are aware of this. If anything has come up, such as a change of job location, an illness, or a danger to the child, then it may be possible to modify custody.
If you are seeking a custody modification, it’s important not to take matters into your own hands. Having some legal guidance behind you will give you a better idea of your options.