PARENTING TIME QUESTIONS AND ANS

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PARENTING TIME QUESTIONS AND ANSWERS

I would like to change my specific parenting time schedule. What can I do?

Stipulation of the parties - If you and the other party can agree to the change, parties can sign a contest (stipulation) to change parenting time. This paperwork can be obtained from the Friend of the Court office. Upon completion and signatures of the parties, return this document to the Friend of the Court office and it will be presented to the court for judicial signature. Parties will receive a copy of the new parenting time order that will be enforced.

Please keep in mind, that verbal or written agreements between the parties unless they become a court order are not enforceable.

Petition or Motion form - If the parties can not agree, either party may file a motion with the court and request a hearing or contact an attorney to assist you with this process.

Can I withhold parenting time if child support is not being paid?

NO. Parenting time and support are separate issues of the court order. Withholding parenting time can be a violation of a court order and have different enforcement and sanctions procedures.

The other parent is not sending or returning clothing or other personal items of the child’s, can the Friend of the Court do anything about this?

The Friend of the Court enforces the written order of the court. If you court order does not address clothing and/or personal items, try to work it out with the other parent or through means of mediation. If the parties can not come to a resolution, a petition or motion may be filed with the court and an order drafted regarding these issues.

If I believe the other parent has been drinking or using drugs do I have to let the children go for parenting time?

As a parent this is your decision. However, you may be summoned to court for a “show cause” hearing as to why you should not be held in contempt of court for violating a court order.

I would like to telephone my child(ren) at the other parent’s home during their parenting time: he/she

says no. Can the Friend of the Court assist me?

The Friend of the Court enforces the written order of the court. If your court order does not provide for telephone contact, try to work this out with the other parent or through mediation offered by the Friend of the Court. If this is unsuccessful, you may file a petition or motion with the court requesting additional parenting time through telephone access.

My child does not want to engage in parenting time with the other parent, what can I do?

Parents are to obey court orders, failing to do so is a violation, regardless of the child’s age. It is the responsibility of the parties to promote a positive relationship with the child and the other parent. You may try the following options:

• Work out a different arrangement with the other parent

• Contact the Friend of the Court and request mediation or seek counseling

• File a petition or motion with the court seeking a change in your parenting time order

• Request the Friend of the Court to provide enforcement of the parenting time order

The other parent refuses or does not exercise parenting time with the minor children, what can the Friend of the Court do to assist?

The Friend of the Court cannot force a parent to exercise their parenting time with his/her minor children. It is the parent’s duty to promote a positive relationship with the children and the other parent. Your options include: counseling, mediation and/or filing a petition or motion to change the parenting time order.