My Ex Is Constantly Late for Child Exchanges. Can I Take Legal Action?

For many parents, there is nothing more frustrating than lateness during child exchanges. You may wait all week to see your children, and being forced to wait additional hours or even days to experience these joyful moments can be difficult to bear. Aside from being inconvenient and disrespectful, late exchanges also eat into your parenting time. To fight for your parental rights effectively, it may be necessary to take legal action alongside a child custody lawyer in Orlando.

What Is a Custody Exchange? 

In the context of child custody, an “exchange” occurs when parents transfer children between homes. For example, a parent might drop the children off at their ex’s home each weekend. Ideally, each exchange should go smoothly. The meeting should occur at the specified time, and both parents should attend without unreasonable delay. An ideal exchange also involves very little animosity between parents, and the switch should occur in a cordial, calm, and professional manner.

When Can You Take Legal Action for Late Custody Exchanges? 

Unfortunately, we do not live in an “ideal” world – and many custody exchanges do not go as planned. If you face chronic lateness, the best thing to do is document everything. Take note of exactly how late your ex is to each meeting. Consider filming or photographing the situation to illustrate this issue with more clarity. For example, you might film yourself sitting in your car while narrating to the camera. You might then point the camera at a watch or clock to show just how late your ex is.

If you document these incidents repeatedly, you’ll have enough evidence to take legal action. Work with a custody attorney to discuss your next steps. The next phase may involve going to court and sharing your evidence with a family law judge. When the judge first encounters this issue, they may be lenient. Be patient and continue to document any lateness. If the judge sees that this is a consistent issue, they may finally confront your ex with various consequences.

The judge can use their own discretion when deciding how to deal with this situation. They may order your ex to meet at a specific location and a specific time. This may be a neutral location, such as a mall or park. They might also hold your ex in contempt of court if they continue to exhibit lateness. Speak with your family law attorney in Orlando to learn more about your potential next steps.

Find a Qualified Child Custody Lawyer in Orlando 

If you’ve been searching for a qualified, experienced child custody lawyer in Orlando, look no further than Steve Marsee, P.A. Over the years, we have helped numerous parents in Florida fight for more time with their kids. Excessive lateness is more than just an inconvenience – it is a violation of your parental rights. In order to fight for these rights effectively, consider booking a consultation with us at your earliest convenience.

Sources: 

floridarevenue.com/childsupport/parenting_time_plans/Pages/default.aspx

flsenate.gov/Session/Bill/2023/1301/Analyses/h1301z1.CJS.PDF