My Spouse is Withholding Parenting Time. What Can I Do?

 Posted on January 30, 2025 in Divorce

After a divorce, it can be tricky to figure out a proper schedule for parenting time. It may take some time before you, your co-parent, and your child can adjust to the new schedule. Sometimes accidents happen, and your co-parent may not be able to honor your parenting schedule. 

If these slip-ups are only occasional, you might give your co-parent the benefit of the doubt. But if it becomes a recurring pattern, you might begin to suspect that your spouse is intentionally stepping on your parenting time. This is a delicate issue, and it is important to keep your child away from the crossfire of a legal dispute. A Michigan family law attorney at Elkouri Heath, PLC can help you take action against your co-parent for any violation of a custody agreement.

Stay Calm

Once you have reason to believe that your spouse is sabotaging your parenting time, you might be shocked, even outraged. Although it is easier said than done, you should try to remain calm. A measured response will get you much further than an angry outburst. 

Before pursuing legal action, you should reach out to your spouse to see if there has been a misunderstanding about custody. There might still be a chance – however slim – that your co-parent is not acting maliciously. You should take the time to review the custody order and pinpoint exactly how your spouse violated it. 

Collect Evidence

If you decide to pursue legal action for a violation of parenting time, you should start by documenting evidence. First, you should make note of the dates and times when you were denied parenting time. If you can demonstrate a repeated pattern of custody violations, you can make a stronger case for your spouse’s guilt. 

Other valuable evidence may include text messages, voicemails, or other communication between you and your spouse. Witness statements can also be used to back up your assertion of a parenting time violation.

Get Legal Representation

A skilled family law attorney can advocate for you in custody disputes. As a first resort, you might consider going to mediation with your spouse to figure out a mutually agreeable resolution. You might agree to make up lost parenting time without taking any more legal action, finding days that work for everyone involved.

If all else fails, you can petition the court to enforce the custody order. Your lawyer can advise you of what to say in court and speak on your behalf to make sure your rights are recognized. Unlawfully withholding child custody is an offense punishable by fines up to $1,000 and a stay in a county jail. As unfortunate as it can be, sometimes the threat of legal consequences can motivate people to comply.

Meet With a Novi, MI Child Custody Lawyer Today

When your co-parent fails to honor a custody agreement, you may have to take legal action to rectify the situation. An Oakland County, MI family law attorney can help you explore different options to help you get parenting time with your child. Call Elkouri Heath, PLC at 248-344-9700 for a free consultation.