Parenting plan & contempt

[LdiJ]

The papers show that because that's how your attorney has worded it. That does not mean it's a legitimate case just because your attorney filed it. Maybe your case is different than most, but if he is a NCP with visitation, he is not obligated to TAKE his visitation, but you are obligated to GIVE it to him. There is a difference. All he can take, without you agreeing otherwise, is what's provided for in the CO. That's the most he can have in that case. But, there isn't anything requiring him to take any certain amount of it or face a penalty.

There can be exceptions to that however. I know of several cases, in several different states where a parent WAS held in contempt for not exercising their parenting time. However, each case had its own special circumstances.

I would think that her attorney would not have filed the contempt if her circumstances didn't warrant that. After all, the attorney has to face the judge for other cases as well, therefore its not very likely that the attorney would risk irritating the judge with a frivolous contempt charge.

 

[wileybunch]

There can be exceptions to that however. I know of several cases, in several different states where a parent WAS held in contempt for not exercising their parenting time. However, each case had its own special circumstances.

I would think that her attorney would not have filed the contempt if her circumstances didn't warrant that. After all, the attorney has to face the judge for other cases as well, therefore its not very likely that the attorney would risk irritating the judge with a frivolous contempt charge.

That's why I said unless her case has some certain circumstances, but you can't assume her attorney wouldn't file something he shouldn't. You don't know anything about her attorney to make that assumption. DH's ex's attorney not only did stupid things, but got squarely smacked around by the judge for needing to learn a thing or two. There are also plenty of cases thrown out with a motion to dismiss.

There was a situation that came up here ~2 mos ago where the NCP could have a contempt motion brought against them for not exercising visitation and we were all pretty shocked. I looked through the WV code and don't see anything in there that provides for that. I guess we'll see.

 

[LdiJ]

That's why I said unless her case has some certain circumstances, but you can't assume her attorney wouldn't file something he shouldn't. You don't know anything about her attorney to make that assumption. DH's ex's attorney not only did stupid things, but got squarely smacked around by the judge for needing to learn a thing or two. There are also plenty of cases thrown out with a motion to dismiss.

There was a situation that came up here ~2 mos ago where the NCP could have a contempt motion brought against them for not exercising visitation and we were all pretty shocked. I looked through the WV code and don't see anything in there that provides for that. I guess we'll see.

You are right that there are some attorneys out there who would file dumb things...I just tend to hope that they are in the minority.

 

[cjnida]

Thank you all! I really appreciate the advice and info you have given me.