Key Takeaways
- A court-approved parenting plan is a legally binding order, and both parents are expected to follow its terms.
- If one parent repeatedly violates the parenting plan, you may be able to file a motion for contempt to ask the court to enforce the order.
- Whether you live in Omaha or Lincoln, understanding your legal options can help protect your parenting time and your child’s best interests.
Is a Parenting Plan Legally Enforceable in Nebraska?
Yes. Once a parenting plan has been approved by an Omaha or Lincoln court, it becomes a legally binding order. Both parents are expected to follow the schedule and responsibilities outlined in the agreement.
This includes factors such as:
- Parenting time schedules
- Holiday and vacation schedules
- Transportation responsibilities
- Communication requirements
- Decision-making authority for the child
Neither parent can simply decide to ignore the parenting plan because it has become inconvenient or because they disagree with its terms. If circumstances have changed, the best solution is to request a modification through the court rather than violate the existing order. Omaha and Lincoln family courts expect both parents to comply with the existing parenting plan until it is legally changed.
What Happens If the Other Parent Violates the Parenting Plan?
Not every disagreement requires court intervention. A single misunderstanding or scheduling conflict may be resolved through effective communication. In some cases, repeated violations of a parenting plan may also involve parental alienation, such as attempting to interfere with the child’s relationship with the other parent, discouraging scheduled parenting time, or making negative statements about the other parent to the child. Depending on the circumstances, the court may consider this conduct when addressing parenting time or enforcement issues.
Reasons to file for a motion for contempt of custody in Omaha or Lincoln include:
- Refusing to allow scheduled parenting time
- Frequently returning the child late
- Failing to bring the child to exchanges
- Refusing to communicate about important parenting matters
- Violating holiday or vacation schedules
- Ignoring other court-ordered parenting responsibilities
When these violations become ongoing, the court may determine that enforcement is necessary.
What Is a Motion for Contempt of Custody?
If the other parent refuses to comply with a court order, one legal option may be filing a motion for contempt of custody. A motion for contempt of custody asks the court to determine whether a parent has willfully violated a court order. If the judge finds that the violation was intentional and without a valid excuse, that parent may be held in contempt of court.
Every situation is different, but filing a motion for contempt of custody may be appropriate when repeated violations continue despite your efforts to resolve the issue outside of court. An experienced Omaha or Lincoln family law attorney can help determine whether your situation meets these requirements.
What Happens If the Non-Custodial Parent Misses Visitation?
What happens if the non-custodial parent misses visitation? The answer depends on why the visit was missed and whether it is an isolated incident, or part of an ongoing pattern.
If a non-custodial parent occasionally misses visitation time because of work, illness, or another unavoidable circumstance, it can usually be resolved through open communication and flexibility. However, if the non-custodial parent repeatedly misses visitation without a valid reason, the custodial parent may have the option to modify the existing arrangement through an Omaha or Lincoln court. If this is happening, it is a good idea to keep a record of missed visits and any communication with the other parent. That documentation may be helpful if the issue continues, or if legal action becomes necessary.
What Can Nebraska Parents Expect During a Contempt of Court Proceeding?
If one parent repeatedly refuses to follow a court-ordered parenting plan, the other parent may decide to file a motion for contempt of custody asking the court to enforce the order.
While every case is different, parents can generally expect the following:
- A court hearing where both parents have the opportunity to explain their side of the situation.
- A review of the evidence, which may include text messages, emails, parenting time logs, calendars, or other records showing whether the parenting plan was followed.
- A decision by the judge about whether the parent knowingly violated the court order without a valid reason.
- Possible court-ordered remedies, such as requiring the parent to comply with the parenting plan, awarding make-up parenting time when appropriate, ordering the payment of attorney’s fees or court costs in certain situations, and/or issuing additional orders to encourage future compliance.
The purpose of a contempt proceeding is not to punish a parent. Instead, the court’s goal is to encourage both parents to follow the parenting plan and protect the child’s best interests.
How an Experienced Omaha or Lincoln Family Law Attorney Can Help
Whether you are considering filing a motion for contempt, want to understand a motion for contempt of custody, or are asking what happens if the non-custodial parent misses visitation, an experienced Omaha or Lincoln family law attorney can help you evaluate your options.
At Nebraska Legal Group, we help families across Nebraska protect their parental rights and advocate for solutions that serve their children’s best interests. If the other parent is refusing to follow your parenting plan, our team is here to help you understand your options and pursue the best legal remedies available. Contact our team today to schedule a consultation.
Alyson Ryan
Managing Attorney at Nebraska Legal Group
Alyson Ryan is a family law attorney in Lincoln, Nebraska, with a strong background in accounting and taxation that she applies to complex divorce and property matters. A trained mediator, she helps clients resolve disputes efficiently outside of court while ensuring their voices are heard. She also volunteers her time with local law students, judging mock trial and moot court competitions.
Education: Quinnipiac University School of Law
Years of Experience: 10+ years of high-level divorce experience