custody issues heard at contempt trial?

[torimac]

What is the name of your state (only U.S. law)? CA
My ex has filed contempt of court charges against me. He also stated, in the contempt paperwork, that he wanted custody revisited during that time.
As I understand it, contempt trials only deal with the issues of potential contempt. For any changes in custody or visitation, that needs to be handled at a different time. I believe it uses a different form and require a separate court date. Am I correct?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA
My ex has filed contempt of court charges against me. He also stated, in the contempt paperwork, that he wanted custody revisited during that time.
As I understand it, contempt trials only deal with the issues of potential contempt. For any changes in custody or visitation, that needs to be handled at a different time. I believe it uses a different form and require a separate court date. Am I correct?

No, you are not correct. It appears that his contempt motion also contain a request to change custody, therefore the judge will hear both items together, and you need to respond to both items.

 

[torimac]

If the contempt has nothing to do with custody, will it still be heard? Here's more details...Currently I have full legal and physical custody. He has no custody or visitation. His contempt has to do with distribution of property, a violation of the restraining orders, and denial of contact between our child and his parents. He states: "...has failed to disburse and divide the property within and beyond a reasonable amount of time per the divorce decree..."

He later writes in the paragraph of attachments: "I would like the courts assistance in investigating the justification, evidence and all evidence or requirements of restraining orders... while applying a "nexus" or "adverse impact test" and including testimony from CHILD and a court appointed attorney for CHILD."

As the contempt has to do with property division, will the court hear the request regarding the review of custody?

 

[Ohiogal]

If the contempt has nothing to do with custody, will it still be heard? Here's more details...Currently I have full legal and physical custody. He has no custody or visitation. His contempt has to do with distribution of property, a violation of the restraining orders, and denial of contact between our child and his parents. He states: "...has failed to disburse and divide the property within and beyond a reasonable amount of time per the divorce decree..."

He later writes in the paragraph of attachments: "I would like the courts assistance in investigating the justification, evidence and all evidence or requirements of restraining orders... while applying a "nexus" or "adverse impact test" and including testimony from CHILD and a court appointed attorney for CHILD."

As the contempt has to do with property division, will the court hear the request regarding the review of custody?

Yes. Because it is NOT just about property. It is also about matters that impact the custody of the child -- violation of restraining orders and denial of contact between child and grandparents. He may not win but the court should hear it and you need to be prepared for it.

 

[LdiJ]

If the contempt has nothing to do with custody, will it still be heard? Here's more details...Currently I have full legal and physical custody. He has no custody or visitation. His contempt has to do with distribution of property, a violation of the restraining orders, and denial of contact between our child and his parents. He states: "...has failed to disburse and divide the property within and beyond a reasonable amount of time per the divorce decree..."

He later writes in the paragraph of attachments: "I would like the courts assistance in investigating the justification, evidence and all evidence or requirements of restraining orders... while applying a "nexus" or "adverse impact test" and including testimony from CHILD and a court appointed attorney for CHILD."

As the contempt has to do with property division, will the court hear the request regarding the review of custody?

Well, what you posted doesn't sound like he is asking for a review of custody, but anything he has included in his petition WILL be heard by the judge.

It is completely legally permissible to include multiple issues in a single petition.

Edit to add: I just reviewed your posting history and you asked this same question in October, giving more information and got the same answers then. What has caused you to ask the question again?

 

[torimac]

Quite honestly, I could not find the previous answer. I am preparing notes, trying to read all the legal stuff involved, which is not the easiest. According to my notes, if I want custody changed, it's a different form.
However, this time I have made notes of the answers and put them with the court documents. As most people say, my situation is a bit complicated and it does not help that legalese is a bit complicated. But I still have to find a lawyer and I want to have a basic understanding of the limitations so I know if the lawyer is just blowing smoke or giving me an honest assessment of the situation.

 

[stealth2]

Quite honestly, I could not find the previous answer. I am preparing notes, trying to read all the legal stuff involved, which is not the easiest. According to my notes, if I want custody changed, it's a different form.
However, this time I have made notes of the answers and put them with the court documents. As most people say, my situation is a bit complicated and it does not help that legalese is a bit complicated. But I still have to find a lawyer and I want to have a basic understanding of the limitations so I know if the lawyer is just blowing smoke or giving me an honest assessment of the situation.

Perhaps you'd like to review that thread. https://forum.freeadvice.com/divorce-separation-annulment-36/understanding-contempt-489024.html

It's seriously annoying to be asked the same question, by the same poster, repeatedly.