After a divorce, dividing up time with regards to who has the children and when between you and your former spouse is always a difficult and emotional task. In the state of Indiana, there are very specific factors that a judge will take into consideration before custody is awarded. The judge is always going to err on the side of what is best for the children. Often, couples that are working out an Indiana custody agreement both want to have primary custody of their children. When there is no reason that both parents should not have that opportunity to be with their children as much as possible, a judge may determine that joint physical custody will work.
If you originally wanted full physical custody of your child but were given joint physical custody, you may be satisfied with this as you are still getting a fair amount of time with your children in your home. While the relief you feel for having a 50% custody agreement seems fair, you also know that until your children are grown, you are going to have to be deeply involved with your former spouse to uphold the agreement. If you get along with your ex, that is the best scenario. However, if you have a poor relationship with your ex, it can be difficult and that is especially so if your former spouse constantly breaches the terms set forth in your custody order.
What are Your Options When Your Ex Violates Your Custody Order?
Custody orders given by a judge are legal and binding. Even if the outcome of the order is not what you originally wanted, the ruling is one that both you and your ex must follow. In some situations, one spouse may intentionally violate their custody order to spite their ex. Other times, there are violations that are not planned or meant to hurt a former partner but just happen. When infractions of the custody order are innocent mistakes, then the situation potentially can be resolved by having a discussion. Sometimes, open and clear communication that identifies and addresses the issue can clear things up.
Other times, there is no amount of talking between a divorced pair that is going to stop the behavior. Whether your ex is being irresponsible or deliberately acting in a vindictive way, your best option to get things worked out is to connect with an Indiana child custody attorney to help you handle the problem in court. It is important to your case that you document every situation when your ex refuses to or fails to follow the custody order so you can show their track record to the judge. A judge can respond in a variety of ways; they may tell your ex that they are required to follow the order exactly, they may revise the order, or they may approve a new custody order.
Speak With an Indiana Child Custody Attorney Today
Your spouse must respect the terms of your custody order because they are legally required to but they should also do so to keep your relationship respectful until you no longer have to be in each other’s lives. Christopher L. Arrington is a Danville child custody attorney who will work with you to help you secure the best possible outcome in your child custody case. To discuss your case during a free consultation and learn more about how Christopher L. Arrington can help you, please call (317) 745-4494.