It’s that time of year. The time when I get complaints about my child’s parent is not being cooperative about Christmas and I want to take them to court. It is difficult because both parents want to spend as much time with their child as possible. You may want to leave to go out of town earlier than your parenting plan will allow, and maybe the other parent is being unreasonable by not allowing you to do so. Or maybe your parenting plan has been in place for a few years and now that your child is older, you believe the holiday schedule is just not working anymore. Now I could be the type of lawyer that sees a money-making opportunity and immediately starts typing up a motion for enforcement or a petition for modification, but I’m not. I say let’s put the brakes on and talk about this for a minute to see if that is necessary.
First and foremost, it is always about the best interests of the child. The law looks to the best interests of the child, and the parents should be looking at what is best for their child. Parents need to take a real long look in the mirror and ask themselves that question. Is what I want really what is best for my child, or am I doing it for selfish reasons? Is what I am asking for or complaining about because I am lonely or to punish my ex? Be honest.
Next, I would suggest not thinking of co-parenting and making compromises as “giving in.” When you co-parent, you are making choices that benefit your child. Anything that benefits your child and makes your child healthier is not “giving in.” (Now, this is not to suggest that you allow someone who is a narcissist to control you and your life. There is a difference.)
If the other parent is making unrealistic demands, expecting you to agree to modifications well beyond the parameters of the parenting plan, and it is having unhealthy effects on your child, then yes, it is probably best to seek some sort of legal action. There are options other than immediately petitioning the courts, however. That is why it is important to speak to an experienced family law attorney to discuss all of your options.
If you need to discuss modifications or enforcement of your parenting plan, give Heather Bryan law a call at 863-825-5309, or contact us online today.
Heather Bryan Law, P.A.
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