What is the name of your state (only U.S. law)? NC
We got our final order July 31st 2008. Dad has graduated visitation plan working his way up to overnights in 6 months. There are 2 conditions to getting to that point...
1. Dad has to take a parenting class courts order in NC to all parents that can't agree in mediation within 30 days of order (per prior order class was already suppose to be done before we went to trial. He signed up, but didn't show up). Judge stated if dad didn't take class within 30 days to get out of contempt that dad could not move to next phase of schedule with overnights.
It has been 30 days and he has not taken class or signed up for it (per family court on Friday). The next time it is offered is Sept 9th during the same time period we will be in court for contempt and failure to comply with child support so I don't think he will be able to make it to that one either. Next available date that he could possibilty take it at this point is Sept 23rd.
2. Dad can not miss more than 2 visits per month for next 6 months (because he had missed almost all in the temporary period and our daughter is only 14 months so judge wanted an introduction and bonding period).
He has been showing up for visits and munchkin seems really happy when she is returned. He is suppose to pick her up at 4 T/Th and have her until 7. He has not yet picked her up before 5:30 because he says that is the earliest he can get off work. This is fine for me except he testified in custody and support court to being unemployed.
Question: How long should I wait to file the contempt/failure to comply? I know legally I have the "right" to do in tomorrow.
But, I don't want to look like a b**** to the judge for holding him to it to a T, but have also read on this forum about "windows of opportunity". He is in contempt in all 3 orders we have (CS with NO payments since initial order in Jan 08 and cancelled insurance 1 hr after court ordered to continue providing, custody with this class and in a civil order for a medical bill I incurred for baby when he cancelled insurance and I have had to pursue through a writ of execution). I think the visits have been great for kiddo and don't want to discourage their progressing relationship.
But, I (admiting its my thinking) wonder if it may be important for the future to at least have this heard and for his continued contempt to be noted in our file for the future since we have 17 years ahead of us. I do not want to take away his overnight possibility in 6 months (which is the stated punishment as well as fine b/t $100-$5000) but just to have it in the record in case he tries to file for joint custody in the future since I now have sole legal which is important to me for schooling issues mainly.What is the name of your state (only U.S. law)?