How do I file contempt charges?

[mommy2kiara]

What is the name of your state? NY

My ex and I have joint legal custody of our daughter, him having residential custody. Court order states my ex cannot move more than 25 miles from his current residence. He moved more than that. I told my lawyer and it was presented in court but I was told that my attorney did not file the correct paperwork for contempt charges (She's incompetent but thats a whole other thread). Can anyone tell me what the correct procedures for contempt charges to be filed are and is it too late to do? Thanks!

 

[BL]

What is the name of your state? NY

My ex and I have joint legal custody of our daughter, him having residential custody. Court order states my ex cannot move more than 25 miles from his current residence. He moved more than that. I told my lawyer and it was presented in court but I was told that my attorney did not file the correct paperwork for contempt charges (She's incompetent but thats a whole other thread). Can anyone tell me what the correct procedures for contempt charges to be filed are and is it too late to do? Thanks!

If this was Family Court , was this form used ?

http://www.courts.state.ny.us/forms/familycourt/pdfs/gf-8a.pdf

 

[mommy2kiara]

Unfortunately,

No. My attorney just filed a motion to show cause and included it in that. Would I be able to use this form and file it now, even though it was already presented to the judge?

 

[BL]

I told my lawyer and it was presented in court but I was told that my attorney did not file the correct paperwork for contempt charges

If you still have your Attorney have Him/Her file that form . You could always file it , have the summons to appear served , and hope with your evidence and testimony , contempt is granted , but its better to have and Attorney handle it .

You may want to go as far as filing a modification , and site the change in circumstances as He's in contempt by moving farther than 25 miles .

The Clerks of the Court can give you proper forms to file .

 

[mommy2kiara]

Thanks for the info. Do you think this would be grounds for a change in circumstance? It isnt the only thing he's done, he moved without consulting me (we have a joint decision making clause in our CO) and I also found out that in her medical records he has his girlfriend as her mother. These are only two things of the MANY that he does to alienate her from me.

 

[BL]

Thanks for the info. Do you think this would be grounds for a change in circumstance? It isnt the only thing he's done, he moved without consulting me (we have a joint decision making clause in our CO) and I also found out that in her medical records he has his girlfriend as her mother. These are only two things of the MANY that he does to alienate her from me.

You could , file in as a change of circumstances the move , and any other major violations , but you really need a " competent " Family Law Attorney to handle this , unless you just want to file contempt .

Re: the medical records , you can sent the providers , Etc a copy of your Court order , and demand they correct the information at ASAP.

 

[mommy2kiara]

Thank You so much for all the info, you've been extremely helpful!

 

[BL]

Thank You so much for all the info, you've been extremely helpful!

You're welcome.