What can be done to makemy exfollow the courts order to take care ofour child 50% of the time?

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What can be done to makemy exfollow the courts order to take care ofour child 50% of the time?

Still living with my ex and he will not do his 50% of the custody agreement. He comes and goes when he pleases and will leave my child alone in the house by himself if I go somewhere. Then I must cancel my plans and come back to watch my son. This happens almost every week. What can be done to make him follow the courts order to take care of the child 50% of the time?

Asked on March 25, 2011 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

So you are still "playing" married or together but there is in effect a custody agreement, correct? You are in a tough predicament.  You may need to either go back to court to ask for enforcement and to hold him in contempt OR maybe ask for modification of the agreement.  Modify you say?  Well, you generally need a substantial change in circumstances in order to modify the agreement but if you ask for both (enforcement and/or modification) you may be able to get your story out to the judge and show him or her that things are not working out and that maybe if he will not comply then you need to be able to hire a babysitter and he needs to pay. What worries me here is that he is endangering your son and that the court will not stand for.  So, if he won't give his time maybe they will force him to give his money instead.  Good luck.   


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