Questions about contempt of court.
Forums:
Should we file contempt of court charges when we file the motion to enforce visitation?
It's "just" a motion, so we dont really need more evidence than the fact shes missed every opportunity to go to or even set up actual visitation dates. We have the facilitators statements to corroborate ours.
Basically, should we keep the contempt charges in our back pockets until we are ready to file for actual custody?
Also: I reminded OSS last night to think really hard if he wants us to go for full custody or not, since he would be changing schools right before going into High School. I also told him we didn't want to force the issue of him being away from all his friends and not having the "ideal" Senior High School Experience.
Honestly, in regards to HS, I
Honestly, in regards to HS, I think he would cope fine. He has only been in that school district for three years. *shrugs* I'm not a 15 year old boy though.
I woulod file the contempt
I woulod file the contempt charges now.... as the judgment of contempts pile up those can be used as "evidence" of a continuing and substantial change in the circumstance of the custodial parent and/or child that makes the current custody order no longer in the childs best interest, which is the standard I believe most states hold you to in order to try to change custody.
Rags, Drac0? Opinions?
Rags, Drac0? Opinions?
I'm sorry Mammafox as I do
I'm sorry Mammafox as I do not know the entirety of your situation.
Whose dwelling is considered primary? What is your current CO?
In my experience no judge is going to change status quo based on something that *could* happen, if you know what I mean.
Also, if BM hasn't being exercising her visitation rights, I am scared your BM is going to be one of those screaming seaguls, that dive bombs into the court house, sh*ts over everything and comes up with one sob story after another to explain why she couldn't be with her child and that she is really doing her best, bla bla bla....Judge gives her the benefit of the doubt and that leaves you with existing CO as status quo.
I'm thinking of all the angles here.
I think the judge would
I think the judge would recognize the delayed contempt filing for what it is. Tactical move only and wasteful of the courts time to have two hearings. Since you have sufficient evidence I'd go forward with it.
Well if the judge is anything
Well if the judge is anything like ours, they won't treat it as two seperate motions and just look at the motion for full custody since it is further reaching. If the judge grants full custody to the plaintiff, there may not be a need to look at contempt charges since the change of custody is deemed as restitution and will recommend to the plaintiff's lawyer that the contempt charges be dropped.
At least, that's how I've seen it played out in a similar case.
Long story short Drac0, She
Long story short Drac0, She is primary. We are supposed to have supervised visitation, but for the last three years, she has denied visitation and has yet to even set up visitation OR I am now learning Child Support. FDH went and gave the courts all his info and has been directly paying DHS the child support.
So we went through and this is now the third time he has tried to set up the visitations, but she just wont do anything. Like..nothing. Wont even talk to her lawyer, wont pick up the phone for anyone. Nothing.
Contempt, well too many contept charges to list here, but suffice it to say she has not done a single thing to comply with CO EVER, not even once.
Is the child in any kind of
Is the child in any kind of danger?
Is he being well-fed? Does he have any medication to take? Are his vaccinations up to date? Etc.
Don't wait to file contempt.
Don't wait to file contempt. Do it promptly every time she violates the CO.
As for changing districts before starting HS. I attended 3 Jr. high schools and two high schools and had a great Jr and Sr high school experience.
Our son (My SS) attended 2 middle schools and 3 high schools and graduated with honors. Sure, we had some of the usual teen boy brain farts to deal with and Sperm Clan manipulations and toxic bullshit but ultimately the Skid turned out great. He has many friends from all of his HSs and is doing well in the USAF at 22.
If your Skid is in your home with rules, expectations, and loving caring parents he will thrive no matter how many schools he attends before he graduates.