What Happens If My Ex Doesn’t Follow Our Custody Order?

Sharing custody after a divorce or paternity case isn’t always smooth. Sometimes one parent doesn’t follow the agreed time-sharing schedule or keeps the child longer than allowed. When that happens, it’s not just frustrating — it’s a violation of a court order.

 

If you live in Brevard County, Orange County, or anywhere in Central Florida, here’s what you need to know about enforcing a custody agreement in Florida.

 

 

Custody Orders Are Legally Binding

 

When a parenting plan is finalized by the court, it becomes a binding legal order. That means:

• Both parents are required to follow the schedule
• No one can change it unilaterally
• Violating it could lead to civil contempt or enforcement proceedings

If your ex is consistently late, refuses to exchange the child, or withholds parenting time altogether, you have legal options.

 

 

What Enforcement Might Look Like

 

Florida courts take custody violations seriously. Depending on the situation, the court may:

 

• Order make-up time-sharing to compensate for lost days
• Modify the parenting plan to prevent future issues
• Order your ex to pay attorney’s fees or court costs
• Find the other parent in contempt, which may result in fines or jail time for repeat violations

 

 

 

How to Protect Yourself

 

Document every missed exchange or violation in writing. Keep communication through text or email when possible. If necessary, you can file a Motion for Contempt or Enforcement in the same court that issued your parenting plan.

 

A few tips:

• Don’t withhold child support in retaliation — the law treats parenting time and support separately
• Try to resolve issues calmly first, unless safety is a concern
• If your child is in danger, you may need an emergency order

 

 

 

When to Get a Lawyer Involved

 

If the violations are ongoing, or if your ex is interfering with your relationship with your child, it’s time to talk to a family law attorney. We regularly help parents in Cocoa, Viera, Orlando, Sanford, and surrounding areas navigate these situations with care and urgency.

 

You and your child deserve consistency and respect for your parenting plan. If your ex isn’t honoring the agreement, contact us today. We’ll help you enforce your rights and protect your family’s stability.