What Should I Do if My Ex Constantly Ignores Their Allotted Custody Time?

When you and your partner break up, one of the most difficult matters you may need to resolve is parenting time. Even for those who are ending their relationship on amicable terms, determining custody is often difficult, as both parents likely want to spend as much time as possible with their child. However, once your parenting plan is in place, the last thing you expect is for your ex to constantly ignore their allotted custody time. If your ex repeatedly drops your child off late for your custody time, understanding your rights is critical. The following blog explores what you should know about these matters and why it’s in your best interest to connect with New Jersey child custody attorneys who can help you during these complicated times.

How Is Custody Determined?

In New Jersey, child custody is typically determined by a standard known as the “child’s best interest.” Essentially, this means that the courts will do everything possible to ensure that the custody plan reflects the best interest of the child involved as opposed to the wants and wishes of the parents.

Some of the most common factors taken into consideration in these matters are as follows:

• The age and physical health of each parent
• The ability of each parent to provide a stable home for the child
• The income and earning capacity of each parent
• Who the child’s primary caretaker was before the divorce
• If there are any allegations of neglect or abuse against either parent

In general, the courts will try to grant custody to both parents, as they believe it’s in the best interest of the child to have a relationship with both parents. However, depending on the aforementioned factors, the custody split may not be even.

If My Ex Ignores Their Allotted Custody Time, What Can I Do?

When your ex is continually late to drop off your child, it can be incredibly frustrating. However, it’s important to remain calm and diplomatic, even in instances where your ex isn’t. Though you may assume the easiest solution is to retaliate, you’ll find that adhering to the plan and following your schedule is critical. If you retaliate, the courts may not favorably view you. As such, the best thing you can do in instances where your ex infringes on your parenting time is to document these instances.

If you speak to your ex about these matters, it’s best to do so over text or email, as you’ll have written evidence to support your claims regarding these matters. You should take the evidence you have to your attorney, who can help petition the court to enforce the custody order so your spouse must follow it.

As you can see, these matters can be incredibly contentious and delicate to navigate, which is why it’s in your best interest to connect with an experienced attorney who can help you navigate these complicated times. At Haber Silver Russoniello & Dunn, we understand how important protecting your family is to you. That’s why we’re committed to fighting for you. Connect with us today to learn more about how we can assist you.