Anyone who has been through – or is going through – a divorce knows divorce and separation can change everything. Weekly routines, family meals, household dynamics – it seems nothing is untouched when two parents decide to part ways. There is no time this becomes more evident than around the holidays.
The holiday season can be a difficult time for parents who now need to divide holidays and vacation time with the children between two separate households. Where there were once traditions, there are now logistics concerns, as families attempt to carve out new holiday memories.
When child custody agreements aren’t working, what are your rights?
Ideally, child custody judgments, also known as parental rights and responsibilities judgments in Maine, should dictate what days and what times a child should be with whom on the next holiday. However, sometimes final judgment language can be vague and open to interpretation by both parties, resulting in disagreements. Language such as: “both parties will work together to agree who has the child on major holidays” is not helpful when both parents are unable to reasonably agree on visitation a year after their divorce is finalized. Further, what if the other parent is stubbornly refusing to follow the court order altogether ? Unfortunately, when parents can’t agree, or if one parent is being clearly unreasonable, then both parties may end up back in court to revisit their final divorce or parental rights and responsibilities judgment.
At Douglas McDaniel Campo & Schools, we believe that a specific, well-planned parental visitation schedule can be the foundation of a strong co-parenting relationship. Many people have the best intentions to follow through on verbal or vague agreements, but as situations change, unclear agreements tend to fall apart. Emotions tend to run high during the holidays, and taking out the guesswork with a specific visitation schedule can save stress and preserve relationships.
We have seen many cases where unclear parental rights and responsibilities judgments negatively impact our clients.
This is how an experienced family law lawyer can help:
- If any terms in a custody judgment are unclear and cause significant disagreements and disruption in you or your child’s life, you may benefit from filing a motion to modify, which asks the court to change the language in the order.
- If the other parent is refusing to follow the judgment, such as withholding visits, or not participating in visits as scheduled, a motion to enforce (which asks the court to instruct the other parent to follow the order) might be required.
- If you’ve already filed a motion to enforce and the other party still ignores the court order, an attorney can file a motion for contempt, which essentially asks the court to penalize the other parent.
Trying to make your child custody agreement work
There are many litigation options available in the family law court system. However, it is always best to make a good faith effort to work things out with the other parent first, outside of a courtroom. In our experience, small compromises can sometimes make a world of difference and save families from unnecessary stress. Courtroom litigation rarely improves a relationship between divorced parents; in fact, it generally makes the co-parenting relationship worse. In addition, litigation is time-consuming and potentially expensive. Other options such as private mediation, or even a non-threatening letter from an attorney that explains how a court order should be interpreted under Maine Law, can be more effective in the long run, both financially and in terms of preserving the co-parenting relationship.
If you have questions about your child’s visitation schedule over the holidays, or for other special days like your child’s birthday, Mother’s Day, or Father’s Day, it is important to consult an experienced Maine family law attorney who is familiar with interpreting divorce or parental rights and responsibilities judgments and can advise you of your rights and obligations under Maine Law.
At Douglas McDaniel Campo & Schools, our family law attorneys frequently represent moms and dads who have the best interests of their children in mind. We represent parents in any stage of the family law process, from drafting binding premarital agreements to initiating divorces to modifying child support orders. Our firm offers affordable and competitive rates with customized options ranging from limited assistance with filing paperwork, drafting agreements, private mediation, or full representation. If you are in need of assistance, please call to schedule a free consultation with one of our family law attorneys.