• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

visitation/contempt of court

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

al3cross

Guest
I live in the state of Georgia.
I have a court order for visitation. Per the court order, I am to receive my daughter at 2:00 on Christmas day until 6 p.m. on New Year's Eve. My daughter's Mother broke the order and took my daughter out of town for Christmas. When I called her on December 23, she stated I would not see my daughter and she could care less what the court order says. I have decided to file for contempt of court but my lawyer will charge me $500 to file for me. I have decided to file for myself but his paralegal states I have to wait 30 days from the date of occurance to file. Is this true and would it be wise for me to have my lawyer file and show up with me in court? What can I expect during and after this court date? Secondy, I have visitation every 1st, 3rd and 5th week. Does the holiday visitation order over-rule the weekly visitation? I also noted that my court order states during the odd year, I have my daughter during New Year's day. I am confused because I would return her on New Year's Eve only to pick her up on New Year's Day? Normally we would rotate holidays. And since December has 5 weeks, should I pick her up this weekend or does the holiday over-rule this? If she was in my care, I would still have her this weekend because New Year's Eve isn't until Sunday. I would like to follow the court order since I am filing for contempt of court and this happens all the time. Please clarify because I believe that my next visit would be on Jan 6, since this is the 1st week.
 


L

LadyBlu

Guest
al3cross said:
I live in the state of Georgia.
I have a court order for visitation. Per the court order, I am to receive my daughter at 2:00 on Christmas day until 6 p.m. on New Year's Eve. My daughter's Mother broke the order and took my daughter out of town for Christmas. When I called her on December 23, she stated I would not see my daughter and she could care less what the court order says. I have decided to file for contempt of court but my lawyer will charge me $500 to file for me. I have decided to file for myself but his paralegal states I have to wait 30 days from the date of occurance to file. Is this true and would it be wise for me to have my lawyer file and show up with me in court? What can I expect during and after this court date? Secondy, I have visitation every 1st, 3rd and 5th week. Does the holiday visitation order over-rule the weekly visitation? I also noted that my court order states during the odd year, I have my daughter during New Year's day. I am confused because I would return her on New Year's Eve only to pick her up on New Year's Day? Normally we would rotate holidays. And since December has 5 weeks, should I pick her up this weekend or does the holiday over-rule this? If she was in my care, I would still have her this weekend because New Year's Eve isn't until Sunday. I would like to follow the court order since I am filing for contempt of court and this happens all the time. Please clarify because I believe that my next visit would be on Jan 6, since this is the 1st week.
I do not know why the paralegal told you you had to wait thirty days after the occurence to file.. I would be at the courthouse the first chance you get to file for the interference with visitation. Now did you have the chance to send the letter to her rrr like we suggested previously?

Wasnt your daughter the one that the ex told you she was going to go in for surgery the 26th? so you couldnt have her..

also, yes according to what you have stated as specified in the order your next weekend would be the 6th.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top