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  1. #1
    indymomma is offline Junior Member
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    How to file contempt charges without a lawyer?

    What is the name of your state (only U.S. law)? Indiana

    My husband has a son (10) from a previous marriage. His mother makes it almost impossible to see him, especially if we aren't catering to her. She moved 45 minutes away a few years ago without notifying us, we didn't find her for 6 months. After finding her, she expects us to do all of the driving, to and from visitation. As long as my husband complies...she's ok with letting us see him most of the time. He has court-ordered joint legal custody, yet she informs the school to not allow us access to any of his information and has listed her boyfriend as his father. He has also been granted summer visitation...she always starts withholding visitation around Spring Break so as to not comply with the summer break. Whenever we go a long time without seeing him, she blames her son for not wanting to come over. She tells us that she lets him make his own decisions and that she can't force him to do anything. Legally, she has to force him though, right? We know that it is her, not him that is the one against him seeing his dad. She forces him to call her boyfriend "dad" and my husband by his first name.

    Yesterday was my stepson's birthday. My husband called him to tell him Happy Birthday. His mother wouldn't answer the phone and eventually sent a text telling us that "___ doesn't want to talk to you". Isn't that a violation?

    She has done so many things over the 2.5 years that I've been in his life that are just down-right asking for trouble with the law. We need to file contempt charges on her. I feel that this is the only way that she will finally do what's right. The problem is that there is no way, through any means, that we could afford a lawyer. Is there a way to file contempt charges directly through the courts?
  2. #2
    Ohiogal is offline Senior Member
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    What is the name of your state (only U.S. law)? Indiana

    My husband has a son (10) from a previous marriage. His mother makes it almost impossible to see him, especially if we aren't catering to her. She moved 45 minutes away a few years ago without notifying us, we didn't find her for 6 months. After finding her, she expects us to do all of the driving, to and from visitation. As long as my husband complies...she's ok with letting us see him most of the time.
    What does the court order state regarding visitation and transportation -- EXACTLY.

    He has court-ordered joint legal custody, yet she informs the school to not allow us access
    YOU have NO RIGHT to any information.

    to any of his information and has listed her boyfriend as his father.
    So dad should fax a copy of the court to the school and change the records to reflect that HE is the child's father. After of course getting a copy of all the records.

    He has also been granted summer visitation...she always starts withholding visitation around Spring Break so as to not comply with the summer break.
    So did dad show up to pick his child up for summer visitation? Did he give proper notice for what part of the summer he was taking? Same for Spring break? Did he file anything when he showed up and mom refused?

    Whenever we go a long time without seeing him, she blames her son for not wanting to come over. She tells us that she lets him make his own decisions and that she can't force him to do anything. Legally, she has to force him though, right?
    Legally SHE is bound to the court order. YOU have no right to see this child.

    We know that it is her, not him that is the one against him seeing his dad. She forces him to call her boyfriend "dad" and my husband by his first name.
    And what has your HUSBAND done about this?
    Yesterday was my stepson's birthday. My husband called him to tell him Happy Birthday. His mother wouldn't answer the phone and eventually sent a text telling us that "___ doesn't want to talk to you". Isn't that a violation?
    Not necessarily. What does the visitation order state about phone contact?

    She has done so many things over the 2.5 years that I've been in his life that are just down-right asking for trouble with the law. We need to file contempt charges on her.
    YOU need to back up completely and thoroughly. If dad wants to do something then dad needs to get off his butt and make sure he is doing everything he can. Then he can file contempt charges.

    I feel that this is the only way that she will finally do what's right. The problem is that there is no way, through any means, that we could afford a lawyer. Is there a way to file contempt charges directly through the courts?

    Dad can file contempt. If he is interested he should inquire for himself how to do so. Because quite frankly you strike me as an over involved wife with a husband who doesn't care so much about the child as about making it appear that the ex is a problem.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    onebreath is offline Member
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    Also, if dad does not pursue his visitation with child, it is not uncommon for the child to become uncomfortable and not want to go. Its up to dad to be proactive and visit his child according to his court order guidelines. If he shows up and then mom refuses to release the child to him, and she does that regularely, then she can be held in contempt. Yet if dad is not even showing up, he is doing the same as mom, not following the court order.

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