contempt vs Criminal Charges

[ctrojan22]

What is the name of your state? IN
I need some clarification. Here is the situation. My ex is basically homeless. He is sleeping on someone's couch. I am not letting him take the kids for his thanksgiving Holiday. ( I know not right, but my decision). The city we live in is trying to file criminal charges on me for violation of a custody order. I looked up the statute and it states if I Conceal the children. I am not. I have made my ex aware that I am not allowing him to take them. I had always assumed that this was contempt, but the city judge says that if a police report is made then it is criminal and they will file charges because it is a court order. I believe if that is the case, then every week I should be able to file a police report that he failed to pay child support and he should then be criminally prosecuted for that in the city court as oppose to the circuit court because it is a court order. I spoke to the prosecutor and tried to argue my point that this is not criminal, but rather civil and should be handled by the circuit court judge. Which I am filing for modification, but I probably won't be able to get into court for months. I am not comfortable with my ex's living conditions, and This is the third place he has laid his head in 2 weeks. Someone please give me some advice.

 

[BelizeBreeze]

What is the name of your state? IN
I need some clarification. Here is the situation. My ex is basically homeless. He is sleeping on someone's couch. I am not letting him take the kids for his thanksgiving Holiday. ( I know not right, but my decision). The city we live in is trying to file criminal charges on me for violation of a custody order. I looked up the statute and it states if I Conceal the children. I am not. I have made my ex aware that I am not allowing him to take them. I had always assumed that this was contempt, but the city judge says that if a police report is made then it is criminal and they will file charges because it is a court order. I believe if that is the case, then every week I should be able to file a police report that he failed to pay child support and he should then be criminally prosecuted for that in the city court as oppose to the circuit court because it is a court order. I spoke to the prosecutor and tried to argue my point that this is not criminal, but rather civil and should be handled by the circuit court judge. Which I am filing for modification, but I probably won't be able to get into court for months. I am not comfortable with my ex's living conditions, and This is the third place he has laid his head in 2 weeks. Someone please give me some advice.

Give him the kids for Thanksgiving and quit playing with the court. Simple huh?

 

[Ohiogal]

What is the name of your state? IN
I need some clarification. Here is the situation. My ex is basically homeless. He is sleeping on someone's couch. I am not letting him take the kids for his thanksgiving Holiday. ( I know not right, but my decision). The city we live in is trying to file criminal charges on me for violation of a custody order. I looked up the statute and it states if I Conceal the children. I am not. I have made my ex aware that I am not allowing him to take them. I had always assumed that this was contempt, but the city judge says that if a police report is made then it is criminal and they will file charges because it is a court order. I believe if that is the case, then every week I should be able to file a police report that he failed to pay child support and he should then be criminally prosecuted for that in the city court as oppose to the circuit court because it is a court order. I spoke to the prosecutor and tried to argue my point that this is not criminal, but rather civil and should be handled by the circuit court judge. Which I am filing for modification, but I probably won't be able to get into court for months. I am not comfortable with my ex's living conditions, and This is the third place he has laid his head in 2 weeks. Someone please give me some advice.

BB is right. YOU need to grow up -- you do not have the right and it is NOT your decision. YOu have a court order which dictates that Thanksgiving is dad's. The court made the decision.
If the city decides to press criminal charges against you that is their right and you can end up jail. If that happens your ex can move for full custody because you have INTERFERED with his parental rights. You are concealing the children -- you are not providing them as ordered by a court order. That is legally concealing them. Doesn't matter if you are comfortable with his living conditions. Give him the kids for Thanksgiving.

 

[CJane]

Someone please give me some advice.

My helpful holiday advice is that you be thankful that you have an ex who wants a relationship with his child/ren and quit being a controlling turkey. (edited in observance of the holiday spirit)

 

[ctrojan22]

This is not just the day of thanksgiving, it is from Wednesday night to Sunday night. I let him take the kids this past weekend because he agreed with me that the kids should not stay there and he was going to get a hotel room and he lied and my kids slept on the floor. 2 weeks prior when he had the kids for visitation he was staying at someone elses house who came home drunk and kicked him out with my kids there. This man brought home 2 men and they starting throwing my ex's things on the front lawn as my kids watched. My ex is in the process of getting a divorce, has no job, no place to live and no money and his current wife has since received an order of protection because of abuse.

 

[Silverplum]

This is not just the day of thanksgiving, it is from Wednesday night to Sunday night. I let him take the kids this past weekend because he agreed with me that the kids should not stay there and he was going to get a hotel room and he lied and my kids slept on the floor. 2 weeks prior when he had the kids for visitation he was staying at someone elses house who came home drunk and kicked him out with my kids there. This man brought home 2 men and they starting throwing my ex's things on the front lawn as my kids watched. My ex is in the process of getting a divorce, has no job, no place to live and no money and his current wife has since received an order of protection because of abuse.

DID the kids DIE from sleeping on the floor?

You have a court order. Follow it or pay the penalty. One or the other.

 

[CJane]

This is not just the day of thanksgiving, it is from Wednesday night to Sunday night. I let him take the kids this past weekend because he agreed with me that the kids should not stay there and he was going to get a hotel room and he lied and my kids slept on the floor.

OH MY GOD! Well, that makes all the difference in the world. You should absolutely deny him his court ordered time so the little prince/sses don't have to sleep on the floor like commoners!

And while your at it, please come take away my children. I've been known to force them to sleep OUTSIDE ON THE GROUND!!!!!

 

[kate-R]

maybe here is an suggestion with it being thanksgiving time why dont you ask him since he dont have a place if he can visit the kids during the daytime and ask him if he minds if the kids can sleep at your house until he gets on his feet..It cant hurt to ask he does have the right to be with his children as well as you do its called compromising some..

 

[GrowUp!]

What is the name of your state? IN
I need some clarification. Here is the situation. My ex is basically homeless. He is sleeping on someone's couch. I am not letting him take the kids for his thanksgiving Holiday. ( I know not right, but my decision). The city we live in is trying to file criminal charges on me for violation of a custody order. I looked up the statute and it states if I Conceal the children. I am not. I have made my ex aware that I am not allowing him to take them.

Are you retarded? I would say "hell yeah!" you are. While you were looking up the statute, you probably should've reached for a dictionary instead, Ruby Retard.
Here are various meanings of the word "conceal":
To keep from being seen, found, observed, or discovered; hide; hold back; prevent from being seen

So, you ARE concealing the children and knowingly violating a court order. That IS criminal. PERIOD.

I had always assumed that this was contempt, but the city judge says that if a police report is made then it is criminal and they will file charges because it is a court order.

Well, that's what you get for ASSuming and using the body part spelled out in caps. The "city judge" did not say what you claim s/he did. I'll call it: bullsh*t! You don't need a police report. You do not bring the kids or deny him the kids, that IS contempt and IS criminal. Period.

I believe if that is the case, then every week I should be able to file a police report that he failed to pay child support and he should then be criminally prosecuted for that in the city court as oppose to the circuit court because it is a court order.

Hey Ruby Retard...I smell burning. That's you trying to think. Stop. Really. Child support and parenting are separate issues. If he's not paying child support per the order, then file contempt. But don't change the subject.

I spoke to the prosecutor and tried to argue my point that this is not criminal, but rather civil and should be handled by the circuit court judge

Argue it all you want, but you'll still be wrong. There is a court order in place. You know what it is. You are willingly and knowingly violate it. THAT is criminal. Stop playing Ironside...or perhaps you need an iron upside...nevermind.

I am not comfortable with my ex's living conditions, and This is the third place he has laid his head in 2 weeks. Someone please give me some advice.

NObody gives a crap what you think. This isn't about you. You've been given legal advice -- give the kids over to dad per the order or watch you get a well-deserved ass kicking in court. Good God...as stupid as you are, it's amazing you can breathe on your own.

 

[GrowUp!]

maybe here is an suggestion with it being thanksgiving time why dont you ask him since he dont have a place if he can visit the kids during the daytime and ask him if he minds if the kids can sleep at your house until he gets on his feet..It cant hurt to ask he does have the right to be with his children as well as you do its called compromising some..

Hey here's an idea Kate-R-WRONG....butt out.

 

[ceara19]

maybe here is an suggestion with it being thanksgiving time why dont you ask him since he dont have a place if he can visit the kids during the daytime and ask him if he minds if the kids can sleep at your house until he gets on his feet..It cant hurt to ask he does have the right to be with his children as well as you do its called compromising some..

No, it's called trying to interfere with dad's parental rights. Which she has already been informed, is ILLEGAL!

 

[Silverplum]

Hey here's an idea Kate-R-WRONG....butt out.

I told her to shut up yesterday, but it seems she is not good at that, either.

 

[casa]

What is the name of your state? IN
I need some clarification. Here is the situation. My ex is basically homeless. He is sleeping on someone's couch. I am not letting him take the kids for his thanksgiving Holiday. ( I know not right, but my decision). The city we live in is trying to file criminal charges on me for violation of a custody order. I looked up the statute and it states if I Conceal the children. I am not. I have made my ex aware that I am not allowing him to take them. I had always assumed that this was contempt, but the city judge says that if a police report is made then it is criminal and they will file charges because it is a court order. I believe if that is the case, then every week I should be able to file a police report that he failed to pay child support and he should then be criminally prosecuted for that in the city court as oppose to the circuit court because it is a court order. I spoke to the prosecutor and tried to argue my point that this is not criminal, but rather civil and should be handled by the circuit court judge. Which I am filing for modification, but I probably won't be able to get into court for months. I am not comfortable with my ex's living conditions, and This is the third place he has laid his head in 2 weeks. Someone please give me some advice.

You are confusing two different topics. Support & Visitation are two completely different issues. Not paying child support has NO effect on YOUR obligation to follow the court order for Visitation. If you do not follow the court order, you are in contempt. If Dad isn't paying child support, then you need to contact Child Support Enforcement & file a case. Period.

Not having his own home is not a reason to deny visitation. Some parents have visitation in Hotel Rooms or Campgrounds. (Heck, I'm the CP & my kids spend most wknds on the floor around the TV or video games- in the summer sometimes they sleep on the trampoline!)

If/when the court gets tired of you playing games with their authority~ Then YES, you very well could be facing criminal issues....and even more sobering: YOU COULD EVENTUALLY LOSE CUSTODY.

 

[Ohiogal]

maybe here is an suggestion with it being thanksgiving time why dont you ask him since he dont have a place if he can visit the kids during the daytime and ask him if he minds if the kids can sleep at your house until he gets on his feet..It cant hurt to ask he does have the right to be with his children as well as you do its called compromising some..

Why don't you realize that mom doesn't want to follow a COURT order and DAD does NOT have to compromise. MOM has to follow what the court has determined.

 

[Ohiogal]

This is not just the day of thanksgiving, it is from Wednesday night to Sunday night.

So what?

I let him take the kids this past weekend because he agreed with me that the kids should not stay there and he was going to get a hotel room and he lied and my kids slept on the floor.

My daughter sometimes sleeps on the floor at my house. We spent a whole weekend sleeping on the floor because she wanted to "camp" in the living room. There is no harm in it. NONE. YOU do not get to dictate. YOU must follow the court order. YOu do not get to LET him do anything. The court order controls and dictates. NOT YOU.

2 weeks prior when he had the kids for visitation he was staying at someone elses house who came home drunk and kicked him out with my kids there. This man brought home 2 men and they starting throwing my ex's things on the front lawn as my kids watched. My ex is in the process of getting a divorce, has no job, no place to live and no money and his current wife has since received an order of protection because of abuse.

And none of what your ex is going through puts your CHILDREN in IMMINENT DANGER!