Co-Parenting With A Difficult Ex In Nebraska: What Are Your Legal Options?
Posted By: William Finocchiaro
In this article, you will discover:
- Common challenges parents face in co-parenting.
- How a well-crafted parenting plan can reduce conflict following divorce or separation.
- How to deal with a hostile co-parent.
What Are The Most Common Challenges Parents Face When Co-Parenting With A Difficult Ex?
Divorce and custody proceedings are inherently stressful. When your ex-spouse is difficult to deal with, stressors are more prevalent, and the process can be much more complicated to navigate.
One specific challenge is the inability to move the case forward without resorting to litigation or judicial intervention. In the absence of stipulations or agreements, issues such as child custody, parenting time and child support must all be decided by the courts.
When you are willing to resolve custody and parenting time issues, but your ex is not, it adds frustration and often forces litigation. Litigation entails additional legal fees, emotional stressors and an extended timeline far beyond what it would likely be if an agreement were reached.
Another challenge would be potential misrepresentations or unnecessary conflict generated by your ex, which can affect your entire family. In those cases, parties often rely on the courts to resolve issues that could and should be handled through negotiation or mediation.
How Can A Parenting Plan Reduce Conflict After Divorce Or Separation?
A well-thought-out and thorough parenting plan pays dividends long after a divorce or separation. Our Nebraska courts require a parenting plan in all cases involving minor children.
The parenting plan addresses a wide range of custody and parenting time issues, including provisions for summer, vacation, and holiday parenting time. The plan also has provisions for general coparenting functions, such as communication and transportation, and sets ground rules that must be followed after the legal proceedings are over.
You and your ex are always free to deviate from the terms of the parenting plan, but doing so requires mutual agreement. If there is no agreement, the court-ordered parenting plan must be followed.
A well-thought-out plan will also include provisions for addressing disagreements going forward. The most common provision requires you and your ex to attempt mediation, or to at least try to reach an agreement on disputed issues prior to moving forward with formal litigation.
In other words, if there are minor issues you could resolve between you, you should try to do that. This practice will significantly reduce the amount of re-litigation or time spent in court for problems that could be settled first by a good-faith conversation.
Can Nebraska Courts Order Limited Or Supervised Visitation For A Hostile Co-Parent?
Nebraska Courts base all decisions relating to custody and parenting time on the best interests of the minor children. This standard used in our courts is a broad consideration.
If a parent demonstrates excessive hostility and/or an inability to provide proper care, it may not be in the minor children’s best interest for that parent to have regular, unsupervised parenting time. In some cases, a Nebraska judge may limit parenting time or order it to be supervised depending on the circumstances.
Can Communication And Behavior Rules Be Legally Enforced Through Custody Orders?
Yes, a parenting plan should include specific provisions regarding communication and behavior. These provisions become part of the court’s final decree or order of modification. They are entirely enforceable, not optional, and must be followed.
Provisions regarding communication address each parent’s right to have telephone or FaceTime contact with their children while they’re in the other parent’s care. There may also be provisions addressing communication and behaviors between the parents. These provisions could include the obligation to communicate in a business-like and professional manner and to avoid digressing into historical issues or previous marital difficulties.
Another standard provision is to keep communications regarding the children between the biological parents only. In more severe situations, when you have parties that struggle to communicate effectively or when one party is extremely hostile, the court may order that all communication be done through a parenting application, which is increasingly common these days.
The parenting application is meant to reduce conflict between the parties, as all messages and communications are tracked and monitored through the app. It’s not always effective, but typically, when your ex knows they’re being monitored and that communications may very well make their way back to the court, they’re generally more professional and less hostile.
There is a wide range of parenting applications, and all communication can be made through these apps. You can also communicate about and track unreimbursed medical or extracurricular expenses for the children, as well as schedule their sports games, clubs and extracurricular activities.
Not everyone needs a parenting app, but it’s helpful when parents don’t get along or one parent is extremely hostile. Two of the more commonly used parenting applications are OurFamilyWizard and AppClose.
How Can An Attorney Help Me Set Boundaries And Enforce Court Orders?
An attorney can set boundaries by helping you create an effective parenting plan and fostering open communication.
A parenting plan should be crafted to fit each unique situation. The plan should include provisions to minimize future conflict and lay out clear language regarding custody, parenting time and coparenting functions.
The parenting plan should be neither vague nor ambiguous. You and your ex should have a clear and succinct understanding of your obligations.
Enforcing a court order can be problematic when your ex refuses to comply. While there are ways to resolve these issues through mediation or direct communication, they’re not always effective.
If the refusal continues and your ex is simply not cooperating, you can file a contempt action, which is an option when one party willfully violates the court’s order. The filing can stem from any violation of the Court’s orders, such as your ex making unilateral major life decisions for the children without discussing them with you, such as major medical decisions or where they will attend school.
Refusal to follow the parenting plan and issues with inappropriate communication or behaviors contrary to the parenting plan are all reasons for you to file a contempt action. It’s difficult when your ex doesn’t follow the court’s order, but there are legal means at your disposal to address that with the court.
How Do You Help Clients Distinguish Between Genuine Concerns And Conflicts Fueled By Resentment Toward Their Ex?
This dichotomy is a difficult consideration. Clear and open communication between the attorney and the client is essential here.
Divorce and custody proceedings are inherently emotional. Genuine concerns and conflicts fueled by resentment or other circumstances may start to blend during the process.
As an attorney, it’s essential to remain objective while also hearing your client and zealously advocating for them. Communication regarding the issues at hand and possible options is critical to making the right decisions and determining the best way forward, whether that’s through mediation, further negotiation between the parties or through litigation.
Still Have Questions? Ready To Get Started?
For more information on co-parenting with a difficult ex in Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 345-7600 today.
