How is court notified when a parent goes against the shared parenting agreement?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state, but I can provide you with general advice for this sort of issue.
If your state is anything like Iowa, you will need to make the court aware of a deviation in the parenting plan by filing a contempt action with the court. You will want to consult an attorney to help you with a contempt action. An attorney will also review your decree and parenting plan and make sure that there is just cause to file a contempt action, and if so, the attorney may be able to help resolve the issue without court intervention, or to inform you of your likelihood of success at court.
Filing a contempt action will require that you prove several things to the court, and there will be a burden of proof that you will need to overcome. An experienced attorney will know what evidence and testimony that the court will need in order to rule in your favor. An attorney will also provide you with an expectation of what sort of relief you will be able to receive should you succeed in proving your case to the court, and how to request this relief from the court.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with Joe Cordell.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.