A parenting plan is meant to give your child stability. But what happens when the other parent doesn’t follow it?
Maybe they cancel last-minute, don’t show up for pickups, or even withhold your child during your scheduled time. It’s frustrating, disruptive, and can make co-parenting feel impossible.
Let’s walk through what you can do in Lexington, SC if your ex isn’t sticking to the plan — and how the family court system handles enforcement.
Start by Documenting Everything
Before taking any legal steps, it’s important to keep detailed records. Judges want facts, not just frustration.
Track:
- Missed visits or no-shows
- Late pickups or early drop-offs
- Refusals to exchange the child
- Unapproved schedule changes
Use texts, emails, and a calendar to show patterns—not just one-off incidents.
Try to Communicate (in Writing)
If it feels safe, try to address the issue directly. Sometimes, a polite message can clear up confusion or miscommunication.
Stick to the facts. For example:
“You were supposed to drop off Jacob at 5 p.m. today per the plan. Please confirm next week’s schedule.”
Always keep communication civil—and in writing.
When to Go Back to Court
If it keeps happening and communication isn’t helping, you may need to go back to court to enforce the order.
In South Carolina, a parenting plan is a court order. That means:
- Repeated violations can lead to consequences
- You may be able to file for contempt of court
- Judges can issue makeup time or modify the schedule entirely
Depending on the situation, the court could even change custody if one parent is clearly not acting in the child’s best interests.
Common Signs It’s Time for Legal Action
- You’ve documented multiple violations
- The other parent refuses to follow court orders
- Your child is being used as leverage or withheld
- There’s emotional or physical harm involved
You don’t have to wait for things to “get worse.” A family law attorney can help you file a motion to enforce the plan.
Can My Ex Get in Trouble for This?
Yes. If the court finds that they willfully violated the order, your ex could face:
- Fines
- Community service
- Jail time (in rare cases)
- Changes to the parenting plan
It’s not about punishment—it’s about protecting your child’s routine and your parental rights.
What If I’m the One Struggling to Follow the Plan?
Life happens. If you’ve lost your job, moved, or your schedule has changed, you may need to request a modification instead of just ignoring the plan.
The court is more likely to work with parents who communicate changes the right way.
Quick FAQ
Q: How do I file for contempt in Lexington County?
A: You’ll need to file paperwork with the family court, showing that your ex violated the order and asking the judge to enforce it.
Q: Can I deny visits in retaliation?
A: No. Even if your ex breaks the plan, you must still follow it unless the court says otherwise.
Q: Can the police help enforce custody?
A: In some situations, yes. But family court is usually the better route for long-term resolution.
Take the Next Step to Protect Your Time With Your Child
When a parenting plan isn’t followed, it’s not just inconvenient—it’s harmful to your child. You don’t have to navigate it alone.
Call The Farley Law Firm in Lexington to schedule a confidential consultation. Let’s protect your parenting time and your peace of mind.
Disclaimer
This information is for general education only and is not legal advice. Schedule an appointment to discuss your situation.
Past results do not guarantee a similar outcome.