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Contempt of court?

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ziphash

Member
My first exwife has had custody of our 6 yr. old daughter since our divorce in 1995. Because I was living in GA and she was in OH at the time of our divorce, we had a special provision put into the decree. Since I couldn't get my daughter all the time, I wanted my mother to be able to get her. The decree states "the defendant and paternal grandmother shall receive reasonable rights of visitation with the aforementioned minor, according to the guidelines adopted by the local court rules." (I was the defendant.)

Since I moved back to OH in 1998, we've not gone exactly by the guidelines because we have gotten along and were both willing to try to work things out with my visitation. I try to get my daughter every other weekend. If I can't, we make arrangements for me to have her the next two weekends in a row. If I can't be there at the designated time to pick my daughter up, my mother or wife picks her up for me. This has never been a problem.

Now, because my ex is unhappy about it being my year to have my daughter on Christmas day, she is stating we must go exactly by the guidelines from now on. This has never been a problem for me, but I believe my ex is interpreting the decree wrong. She is stating that I am not allowed to get my daughter. She says that it is my mother's responsibility to pick her up and keep her. She told me that if my daughter stays at my house I will be in contempt of court. She says that until it is modified in court, that is the way it will be. I interpret the decree as saying that my mother and I both have the right to have my daughter and if I can't get her then my mother can.

Am I right or is my ex right?

Also, my ex doesn't want to follow any of the other guidelines (for example - sending clothing with my daughter, allowing phone conversations because she had her phone disconnected, providing me with school info., etc.) Is there anything I can do about this?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ziphash:
The decree states "the defendant and paternal grandmother shall receive reasonable rights of visitation with the aforementioned minor, according to the guidelines adopted by the local court rules." (I was the defendant.)

<HR></BLOCKQUOTE>

My response:

If what you are quoting, above, is exactly as stated in your decree, then you are correct and she is in contempt of court.

If your problems were merely the phone situation, and the other minor inconveniences, I would have said this matter isn't worth fighting about. However, these small items, in conjunction with the quoted agreement, are worth fighting about and I would take her back into court immediately for an Order to Show Cause Re: Contempt of Orders Concerning Interference with Visitation.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

ziphash

Member
Thank you so much for such a quick response. I hate to have to take her back to court, but I will do whatever I have to in order to see my daughter.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ziphash:
Thank you so much for such a quick response. I hate to have to take her back to court, but I will do whatever I have to in order to see my daughter.<HR></BLOCKQUOTE>

My response:

As well you should. Let us know what happens as it unfolds.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

ziphash

Member
I just want to update you on this matter. After I told my ex that she was wrong, she reread the papers and agreed. She said she still wanted to go back to court because my mother is allowed visitation and I have extended visitation for X-mas. That was because of the distance that we lived from each other. I don't mind X-mas being changed to normal guidelines. I don't want my mother's visitation rights taken away from her, though.

I told her I don't want to go to court, but if she wants to I have a few complaints to make myself. The first thing was about her not sending clothing. The second was about transportation. Because I lived so far away, I was responsible for all transportation costs. Now that I live 20 mins. away, she should pay for transportation, too.

Once she heard that, she decided it wasn't worth it. I found out the real reason for this whole mess was because she talked to my second ex and found out that most of the child support that's taken out of my check is going to her. She also called the CS caseworker to find out why and he told her I wasn't even working. That's a lie. I told her all I know is they take it out of my check and where it goes from there is up to the agency.

Thanks for listening.

[This message has been edited by ziphash (edited November 11, 2000).]
 

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