Divorcing spouses fighting over child custody may ask this question of their lawyer at some point during or after their divorce when the other parent does not comply with the parenting schedule.
Divorcing spouses fighting over child custody may ask this question of their lawyer at some point during or after their divorce when the other parent does not comply with the parenting schedule. When the ex-spouse does not return the children on time, this is a scenario that occurs quite frequently. Depending on the circumstances, the schedule could have been established in a court order, a judgment for the dissolution of marriage, a written parenting agreement, or some other agreement between the parties.
How to Handle a Parent Who Does Return the Kids on Time
Upon reviewing the agreement, you are aware that you are correct in your assessment. While it is currently 7:15 p.m., he was supposed to have the children back by 7:00 p.m. by now. Sunday has arrived, and they have school the following day… Currently, it is Friday at five o’clock in the afternoon, and you are at her residence to pick up the boys for the weekend. It would appear that nobody is at home at this time. This is what you do.
In general, there are three individuals that you can get in touch with:
- Your current or former spouse;
- Your child custody lawyer; and
- The law enforcement officials.
- To the extent that you have a reasonable basis for believing that your child or children may be in serious danger, you should absolutely contact the authorities.
But, here’s another possibility.
After taking a few deep breaths, you should think about the following:
- How much time has passed since the drop-off time?
- Would you be able to effectively communicate with your current or former spouse through the use of texting and/or calling them?
- Should you call your attorney right now? Is it reasonable to do so?
- Do you think that calling the police would make you appear “crazy”?
- Do you want to put your children in danger by exposing them to the authorities because of this?
The response to the question of whether or not you should call the police is typically “no,” but this is not always the case. The answer may be “yes” in the scenario where there is no one at home. Depending on the specifics of the situation, you might decide to contact your attorney; however, even if you do so, there is typically very little that your spouse or ex-spouse can do to induce them to return the child or children to their home at that very moment. In the event that the other parent violates the parenting schedule, the typical course of action is for your child custody attorney to file a contempt action against the respective parent.
If your ex does not return to kids on time, it is possible that your attorney will advise you not to pursue a contempt action, but this will depend on the severity of the violation as well as any other long-term goals that may be involved in your case.
This piece of advice causes a lot of parents to feel frustrated, and they sigh and say, “But he is always getting away with it… ”
Rather than calling the police, it is essential to have a conversation with your attorney about other potential solutions to the problem that you can propose. This is especially important in situations where the ex-spouse does not return the kids on time.
Ready to Speak to a Chicago Child Custody Attorney?
If you’re tired of your ex not returning the children on time, consider speaking with the Chicago child custody attorneys at Anderson Boback & Marshall. We can answer your questions and discuss the best approach for resolving challenges with parenting time schedules for your children. If you are in the Chicago area and ready to speak to a Chicago child custody attorney, please contact us to set up a consultation today.
