Legal Question in Family Law in Tennessee
My ex won't follow the parenting plan we signed
Our judge made us sign a parenting plan before we divorced.If stated who got the kids during holidays and school vacations. Our plan stated he got the kids 6 weeks during the summer with alternating two week intervals. He takes them when he wants for as long as he wants. This is unfair. He does what he wants regardless of the divorce papers. Do I need to hire an attorney to enforce this and could I get him to pay the cost.
2 Answers from Attorneys
Re: My ex won't follow the parenting plan we signed
The parenting plan is a requirement under Tennessee law beginning on 1/1/2001. It is enforceable like any other portion of the Marital Dissolution Agreement, through a contempt proceeding in Chancery Court, where you got the divorce. Yes, an attorney would be recommended; in a contempt proceeding, one can always ask for the reimbursement of attorney's fees for bringing the action, and if the contempt is granted, then generally, so are the fees. However, the collection of such fees is another issue.
Re: My ex won't follow the parenting plan we signed
The parenting plan is enforcable just like the MDA. You will need an attorney to file contempt of court charges for your spouse violating the parenting plan. The court may award your attorneys fees if the court finds yours spouse in contempt.
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