What If My Child’s Other Parent Won’t Follow Our Custody Agreement?

Few situations are as stressful or frustrating as having the other parent ignore a custody agreement. Whether it’s skipped visitations, last-minute changes, or complete disregard for a court order, Nebraska parents facing this challenge are often left wondering: What are my rights, and how can I enforce them?

At Conway, Pauley & Johnson P.C., we understand how these conflicts can disrupt your child’s well-being and your peace of mind. Our family law attorneys are here to help you navigate the court system, protect your rights, and ensure your parenting plan is respected.

Understanding Custody Agreements and Court Orders

In Nebraska, a custody order or court ordered parenting plan outlines legal and physical custody, visitation schedules, and parental responsibilities. These are not suggestions—they are binding court orders that must be followed by both parents.

When one parent refuses to comply, it can seriously impact the parent-child relationship and the child’s health or emotional stability. Common violations include:

• Canceling scheduled visitation time without reason
  
• Refusing to return the child after scheduled parenting time
  
• Denying phone or virtual contact
  
• Making unilateral decisions about schooling or medical care
  

These violations may constitute contempt of court, and legal remedies are available.

What to Do If the Other Parent Violates the Custody Order

1. Document Everything

Keep detailed records of each violation. Save text messages, emails, or voicemails showing attempts to communicate or coordinate parenting time.

2. File a Motion for Contempt

Nebraska law allows you to file a motion for contempt if the other parent refuses to follow the custody agreement. This can result in consequences such as make up visitation, fines, or even jail time for repeat offenders.

3. Work With a Family Law Attorney

An experienced family law attorney can help you file correctly, represent you during the hearing, and guide you through the court proceeding. Our firm has helped many Nebraska parents enforce custody through successful legal strategies.

4. Consider Emergency Action if Needed

If there’s immediate danger to the child—such as signs of domestic violence, abuse, or abduction—you may be able to request an emergency custody order to protect your child right away.

The Role of the Court in Enforcing Custody

Nebraska courts prioritize the best interests of the child. When a parent refuses to comply with the parenting plan, the court can:

• Order make up visitation
  
• Modify the visitation schedule
  
• Award attorney’s fees and court costs
  
• Issue sanctions or fines
  
• Reassign custody in serious cases
  

Judges do not look favorably on a noncompliant parent, especially if the behavior is recurring and harmful to the child.

When to Involve Law Enforcement

Police involvement is a last resort but may be necessary if:

• A court order is being ignored in real-time
  
• A child is not returned as scheduled
  
• The other parent is concealing the child
  

Be sure to have a copy of the custody order available and consult with your family law attorney before involving law enforcement.

Recovering Attorney’s Fees

Nebraska law allows the custodial parent to seek attorney’s fees and other party’s attorney’s fees in cases where the other parent willfully violated a court order. This can help offset the financial burden of returning to court.

When to Modify the Custody Agreement

If the custody agreement breaches continue or the child’s needs have changed significantly, you may file a motion to modify the parenting plan, custody order, or visitation schedule. The court will consider:

• Consistency of violations
  
• Any threat to the child’s well-being
  
• The ability of each parent to cooperate
  
• Any common violations documented
  

Legal Help for Custody Disputes in Nebraska

Custody disputes can drag on for years without legal help. At Conway, Pauley & Johnson P.C., our experienced attorneys are here to help you:

• Enforce your custody agreement
  
• File for contempt
  
• Protect your parenting time
  
• Respond to a noncompliant parent
  
• Secure modifications when needed
  

With a strong legal process, we’ll ensure your rights are protected and your child’s stability is preserved.

Learn more about what to do if your child’s other parent won’t follow your custody agreement. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQs: Custody Agreement Violations in Nebraska

What can I do if the other parent refuses to follow the custody schedule?

You can file a motion for contempt with the court to enforce the custody agreement and seek make up visitation or other remedies.

Can the other parent be punished for violating a custody order?

Yes. The court can impose fines, award attorney’s fees, or even order jail time for repeated violations.

How can I prove the other parent is violating the agreement?

Collect witness statements, save text messages, and maintain detailed records showing every time the other parent has not complied with the custody order.

Can I get emergency custody if my child is in danger?

Yes. If there is immediate danger to the child, you may request an emergency custody order through the court.

Do I need a lawyer to handle custody disputes?

Working with a child custody lawyer or family law attorney ensures your case is filed properly, your rights are protected, and you have a strong advocate during custody disputes.