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Dealing with an uncooperative co-parent in divorce

On Behalf of | Aug 7, 2021 | Child Custody |

Like any good parent in Texas or beyond, you always have your children’s best interests in mind when making decisions on their behalf. When you decided to divorce your spouse, you knew you might encounter certain challenges regarding the execution of a child custody agreement, especially because your spouse is often at odds with your opinions.  

Perhaps you were able to negotiate a fair co-parenting plan, but since that time, your ex has become uncooperative. It’s important to note that there’s a difference between being argumentative or uncooperative and disregarding the terms of a signed agreement or court order.  

Determine whether the issue has always been a matter of contention 

If you were to say that you and your ex used to fight a lot during marriage, there would likely be many spouses, particularly those who have filed for divorce, who can relate to your experiences. When determining whether a co-parenting issue is an actual legal problem, it’s helpful to identify the exact issue that is sparking your ex’s uncooperative manner. Is it a topic the two of you have always argued about in the past? 

If there’s more than one issue in question, there may be more to the situation than a mere difference of opinion or parenting style. For instance, if your ex refuses to meet you at the agreed-upon place and time to transfer custody, it is a legal issue, not a difference of opinion. The same goes for a situation where your co-parent is denying you access to your children when you have a shared custody agreement or a court order for visitation.  

List problem issues and determine a best course of action 

If your co-parent is refusing to cooperate regarding expenses, a custody transfer plan, important documents or other child custody issues, the sooner you take steps to resolve the matter, the less disruption and stress it will cause. In order to know how to handle a specific problem, you must first make sure you clearly understand the terms of your co-parenting agreement.  

When you and your ex signed an agreement, and the judge overseeing your case issued a court order, both of you became legally bound to adhere to its terms. If you have evidence to show that your ex has fallen short and is disregarding a court order or refusing to cooperate so that you can successfully adhere to the terms, the court can intervene to enforce the order.