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contempt of court not ex-wife not complying with final decree

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georgiafather

Junior Member
What is the name of your state (only U.S. law)? Georgia

Exiwfe is very angry at my finally having found a mate. I married on
October 11, 2008. We felt we would accelerate our plans
for the sake of our children. My wife has a six year old.

I filed for custody of my son on June 6th, 2008.
My son is five years old. I used to keep him all
the time and kept records of times dates and supposed reasons
until she began keeping him from me after I filed for custody.

Ex-wife has history of dispossesories, violent relationships that
can be verified by paperwork filed at courts where
she's resided.

Under the "open records act" I have been able to investigate and retrieve
copies of most of these cases to save money in attorneys fees.

Since the filing of such motion she moved out of her mothers house and into a new
apartment.

My son has been acting out sexually and I took him to the Hospital at the urging of
my therapist. The childrens healthcare of atlanta called a social worker from DFCs

who insisted after interviewing my child that an investigation be opened up.

My exwife refused and accused me of fabricating the issue in order to take him from her. She insisted that her attorney advised she wouldnt have to comply.

I pick him up on Friday and he hasnt been bathed all week. His teeth never brushed and bleed.
He has began having poddy accidents at school and anger fits since filing of the
custody modification.

She refused to take the parenting class which I understand is required by the
state and can be held in contempt of court as she refused to take it when we first divorced.

Since filing of the custody modification papers she has kept me from
keeping in touch with my son. Via text she communicates and
is verbally abusive texts.

Under the divorce decree she is supposed to surrender my son to me on Thursday .
October 23rd at eight pm. for my birthday and I was to take him to school on friday.

She has gone out of town(today)
and advised me monday that if I couldn't watch him
on wednesday through friday then she would be forced to leave my son with a
babysitter and
I wouldnt know where my son is(communicates by cell text).
I wrote a letter monday night return receipt requested and overnighted
it to her of my wishes to know where my son will be and when can i pick him up.

She Threatened to not let me see my son this weekend
at all and that she would contact me when she returned.

Today she said her plane is leaving at four and that my son would not be attending school
today through friday and that she wouldnt be giving me a phone number where I can contact my son. She advised she would leave my number with them in case of emergency and they (unknown people) would call me on friday where I can meet them at
mcdonalds on Pharr road to pick up my son for my weekend visitation.

I told her I would have to report her being in contempt of court and that I would
take action and her reply was laughter.

I have run out of money to give the attorney. He hasnt answered me regarding contempt of court for keeping me from talking to my son on the phone even though he said he would file it.

I want to file contempt on my own for this incident for the incident of not allowing me to talk to him on the phone and for her not taking the required parenting class.

I know my attorney wont answer me because he wants fifteen hundred dollars more to
continue but I must take care of this now and I dont know where to start.

I need minimal instruction( I think) Ive run around to various courts to retrieve documents
that arose from my request in her residing county clerks office.

I still have some more records to retrieve in other counties where she has resided.

I need help asap.
 
Last edited:


Ohiogal

Queen Bee
And you couldn't get your child today why? Yes she is in contempt if she doesn't have the child available but you could have had more time and you turned it down for what reason? Contact the court of jurisdiction about filing for contempt -- they may have a website with the proper forms. Read the local rules, statutes for domestic relations/custody/contempt and rules of civil procedure. And your attorney does NOT have to work for free.
 

georgiafather

Junior Member
response

I couldnt have picked him up for wednesday
and had advised ex wife that it would be impossible and explained
to the reasons why. I wrote the letter overnight so that there would be tangible proof although
I have the text conversation.

We had agreed to thursday night. She claims the sitter backed out on her for wednesday night. She became irate when I couldnt pick up the slack for her on wednesday.

She tried to get me to agree to my son not having to go to school at all during her
vacation and I wouldnt agree. She said "its just kindergarten".

I Have another obligation today and only have one vehicle. I tried to explain this to her. She did this last year too.

other questions -
I am sorry I wasnt very clear.

can a text conversation be admissible as proof of her threats
and
is she not required to comply with a request by DFCs
 
Last edited:

georgiafather

Junior Member
question related to first question.

Our divorce is in the superior court of cobb county.
Exwife resides in Gwinnett county.
Do I file motion to show cause for contempt

in the county that the divorce is filed under or do
I file in the county where she resides.

I had to file the motion to modify custody in Gwinnett county.

I am a very sad father :( today. She took my son and I have no way of contacting him
tommorrow is my birthday and he was looking forward to it.

She last texted me that "they" whoever she dumped my son off with
would be calling me for the exchange of the weekend visitation.
 

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