A custody order sets out when you and your co-parent spend time with your child. If your co-parent keeps missing pickups, you may have to rearrange your plans with little notice. The missed time can also interrupt your child’s routine.
Louisiana law gives you a way to ask the court to enforce the custody order when your co-parent does not use scheduled time. You do not have to wait for the problem to happen several times before taking action. However, these repeated missed exchanges could become important if you later ask the court to change the custody or visitation order.
When your co-parent does not use scheduled time
Your child custody order sets the terms you and your co-parent must follow. If your co-parent does not use the custody or visitation time in that order, Louisiana law lets you ask the court to enforce it.
You do this by filing a rule to show cause. This asks the court to have your co-parent explain why they missed the scheduled time. If the court rules in your favor, it holds your co-parent in contempt and orders them to pay the costs and expenses required by law.
Your co-parent may avoid that result by showing that you both agreed to the change, something outside their control caused the missed time or another valid reason explains what happened.
How records show what happened
One missed pickup might have a simple explanation, such as an illness or another event outside your co-parent’s control. Several missed pickups, however, can show the court that the problem keeps happening.
Consider writing down the date and what happened after each missed exchange. You could also save texts or emails about the cancellation. Those records show when each event occurred and what explanation your co-parent gave.
Louisiana law says a willful and intentional pattern of violations without good cause may support a change to custody or visitation. That pattern does not guarantee a new order. The court still applies the rules that govern custody changes.
Keeping useful records
It might be best to keep your notes and messages together so you can easily review what happened. You may also want to compare those records with the exchange terms in your custody order. Having both in one place helps you assess your options if the dispute goes to court.