Mom just filed for contempt on Dad!

[AkersTile]

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

Previous threads:
https://forum.freeadvice.com/child-custody-visitation-37/im-back-again-566770.html

https://forum.freeadvice.com/child-custody-visitation-37/update-537148.html

https://forum.freeadvice.com/child-custody-visitation-37/update-more-questions-498421.html

https://forum.freeadvice.com/child-custody-visitation-37/need-any-advice-we-can-get-475601.html

So Dad's attorney filed Motion for Contempt, Motion to Modify Custody and Child Support, and Proposed Parenting Plan at the beginning of December. Haven't had a court date yet, it was supposed to be the beginnning of January, but got continued until February. I just looked online and Mom has now filed Motion for Contempt, Motion to Modify, and Proposed Parenting Plan. I have no clue what any of it says since he hasn't been served and it doesn't show his attorney. She did it as a separate case. I'm going to call his lawyer tomorrow and see if she's heard anything about it or has paperwork.

Couple questions:
1. Can they serve me for Dad since I'm his wife? He works out of town (currently in Eastern TN, 10 hours away, starting next week he'll be in Texarkana AR/TX, about 8 hours away). Or should I just tell the deputy to give it to his lawyer?

2. Is this just going to look like a retaliation thing?

3. Is it going to hurt Dad's case that he works out of town 4 days a week (Sun night through Thurs night) and the kiddos are primarily with me during the school week? It has been this way since Dec 27, 2011 (a little over a month) and Mom was made aware of it well in advance to him getting this job.

If you guys have any questions, I'll be happy to answer them Thanks for all the help and advice as always

 

[Proserpina]

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

Previous threads:
https://forum.freeadvice.com/child-custody-visitation-37/im-back-again-566770.html

https://forum.freeadvice.com/child-custody-visitation-37/update-537148.html

https://forum.freeadvice.com/child-custody-visitation-37/update-more-questions-498421.html

https://forum.freeadvice.com/child-custody-visitation-37/need-any-advice-we-can-get-475601.html

So Dad's attorney filed Motion for Contempt, Motion to Modify Custody and Child Support, and Proposed Parenting Plan at the beginning of December. Haven't had a court date yet, it was supposed to be the beginnning of January, but got continued until February. I just looked online and Mom has now filed Motion for Contempt, Motion to Modify, and Proposed Parenting Plan. I have no clue what any of it says since he hasn't been served and it doesn't show his attorney. She did it as a separate case. I'm going to call his lawyer tomorrow and see if she's heard anything about it or has paperwork.

Couple questions:
1. Can they serve me for Dad since I'm his wife? He works out of town (currently in Eastern TN, 10 hours away, starting next week he'll be in Texarkana AR/TX, about 8 hours away). Or should I just tell the deputy to give it to his lawyer?

2. Is this just going to look like a retaliation thing?

3. Is it going to hurt Dad's case that he works out of town 4 days a week (Sun night through Thurs night) and the kiddos are primarily with me during the school week? It has been this way since Dec 27, 2011 (a little over a month) and Mom was made aware of it well in advance to him getting this job.

If you guys have any questions, I'll be happy to answer them Thanks for all the help and advice as always

1. Generally yes - any competent adult can accept service.

2. It might, yes..but....

3. ...this, despite Mom previously being in agreement, is what I'm seeing might hurt Dad.

(I haven't gone through all of your history hon, sorry - but, generally, that would often constitute a change of circumstance)

Now I'll go and read other threads to see if I need to hush my muffin

 

[AkersTile]

Thanks Pro. Most recent thread is listed first... although you probably already figured that out. LOL

 

[Proserpina]

Okay - despite some of the posts in the last thread, I'm not convinced that Mom cannot legitimately change her mind and decide that Dad working four nights away/per week just is not acceptable. I think she might just be able to make a case for that.

But really - y'all need to find out exactly what she's asking for (and for which child/ren).

 

[AkersTile]

Okay - despite some of the posts in the last thread, I'm not convinced that Mom cannot legitimately change her mind and decide that Dad working four nights away/per week just is not acceptable. I think she might just be able to make a case for that.

But really - y'all need to find out exactly what she's asking for (and for which child/ren).

Yep. Planning on finding out as much as I can tomorrow. Hopefully either Dad's lawyer knows something, or the deputy shows up here to serve him. 20 bucks says she only wants oldest

Guess I get to start Dad's day off to a good start tomorrow.

 

[CJane]

If it were me, I would refuse to accept service and let the attorney know that he/she needs to volunteer to be served.

Given the history, Mom doesn't have much of a leg to stand on to change custody... but until you know what she's asking for, there's not a lot you can do to combat it.

 

[AkersTile]

Just got served

Well I just got served for Dad, the process server showed up about 20 minutes after Dad left. LOL

Mom is filing for Contempt based on:
1. Dad refused to return SD13 after his weekend visitation with her. (Evidently Mom doesn't know how to read the CO that states SD13 goes back to Dad's school district as of Jan 1, 2012)

2. Dad is not allowing Mom to have contact with any of the minor children.
(And here I thought EOW, phone calls, and text messages were contact )

Her Motion for Modification states the exact same reasons, but she wants all 4 kiddos to live with her. I will admit that I was wrong with this one. I was certain she was just going to want to modify it for SD13.

I'm not seeing Mom getting anywhere with this. Dad's lawyer is going to have a field day. And before anyone asks, Dad and I both have proof, both paper and witnesses, that the kiddos have had their EOW with Mom, as well as phone contact.

Anyone see anything that may help her case/hurt Dad or help Dad's case that I'm not seeing? She made no mention of Dad working out of town in her modification, so I'm thinking that's not going to be an issue.