served with court papers

[ljrdg]

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What is the name of your state? Indiana I was just served with contempt of court papers by the father of my oldest child. I will try to be brief on this. He was in her life for nine years then decided to up and move out of state for two years (no notice to us). He moved back to our area last year but then met a woman online and moved two hours away to be with her. Kept telling our daughter he didnt have gas to come and see her. He has never been allowed overnights with her per court order. He tried to have visitation changed to allow for overnights last August and filed contempt on me then also. Judge did not rule in his favor. Said it was his fault for not seeing his child. Judge ordered me to get a phone so he could call me and set up visitation (I had recently moved and didnt have phone yet) and order stated visitation to be worked out between us. I got a phone and he has stated from day one that his phone cant call my phone (his seems to be the only one)but yet hes never tried to call from anywhere else. He hasnt bothered to see her since December 06. He sent me an email last week that he would be in town last weekend to get our daughter, thats all it said. I told him to call me (gave him options on how to)so we could set up a time and day because we werent sitting here all weekend waiting on him. Well didnt call and didnt show up. I was served today and it states that in previous orders he was given visitation with minor child and allowed him telephone contact with minor child and that petitioner (me) has failed to comply with said order and wants me found in contempt and to pay his attorney fees. I have never kept his child from him (Idont have that right even without a court order) and he is the one that has stated to me that he cant call my phone so how can he get me for that? What are my chances with this? Will I have to pay his attorney fees? How can I prove that he is the one lying and I have not prevented him from contacting her or from seeing her?

 

[fairisfair]

first of all, the burden of proof will lie with him. He will have to present evidence that shows that you have thwarted his efforts to exercise his visitation. It is however, in your best interest to accumulate evidence that shows that you have not. Show that you have a working phone, and that the number has been given to him, present copies of any correspondence between the two of you, showing that you have made the child available to him. And be sure that you respond to, and file your response to, his petition in a timely manner. As for guessing who is going to win, well we certainly can't do that. Based on what you have said here, I would say that the chances are slim that he will be able to prove contempt on your part.

 

[ljrdg]

Thank you very much for your reply. I understand you are only hearing my side and i do believe in being honest. If I was trying to keep our daughter from him then I would deserve to be found in contempt. I am a very firm believer in BOTH parents being involved with their children and I am actually very angry at him for not seeing her like he should. I have seen the repercussions of his lack of involvement. She has gained ALOT of weight since he first took off in 04, she is in therapy to deal with her issues and she has stated to several others that she hates her father. I was planning on seeing if my attorney can file to have it court ordered that therapy be ordered for all of us (including father) to help re-establish their relationship and for me to get past anger towards him so that we can co-parent the best we can for her. I can prove that I have a working phone and that he was provided by my grandmother and me with the number and the only correspondance I have is the emails. Can I use those?

 

[ljrdg]

I also wanted to know, if it is ordered he can take her for overnights doesnt he have to let me know where he lives so I know where she is at?

 

[fairisfair]

Thank you very much for your reply. I understand you are only hearing my side and i do believe in being honest. If I was trying to keep our daughter from him then I would deserve to be found in contempt. I am a very firm believer in BOTH parents being involved with their children and I am actually very angry at him for not seeing her like he should. I have seen the repercussions of his lack of involvement. She has gained ALOT of weight since he first took off in 04, she is in therapy to deal with her issues and she has stated to several others that she hates her father. I was planning on seeing if my attorney can file to have it court ordered that therapy be ordered for all of us (including father) to help re-establish their relationship and for me to get past anger towards him so that we can co-parent the best we can for her. I can prove that I have a working phone and that he was provided by my grandmother and me with the number and the only correspondance I have is the emails. Can I use those?

You should utilize whatever evidence you have, it will be up to the judge whether or not he/she considers it. I think that the counseling is an excellent idea. Have you answered his petition yet? You do realize that you have a very limited amount of time to do so.

 

[ljrdg]

I just got the papers served to me two hours ago and I am going to call my attorney this afternoon to get into seeing him ASAP. I forgot to mention also that I have kept a journal (as my attorney instructed me to do) of all visitations that he has had.

 

[ljrdg]

And be sure that you respond to, and file your response to, his petition in a timely manner.

Exactly what is this and what do I do exactly? Last time he tried this crap I didnt file anything and just went to court when I was supposed to. What exactly can I file? That I do not agree with what he has stated? That I want him to pay my attorney fees in the event I am not found in contempt? Thank you for any responses.

 

[LdiJ]

Exactly what is this and what do I do exactly? Last time he tried this crap I didnt file anything and just went to court when I was supposed to. What exactly can I file? That I do not agree with what he has stated? That I want him to pay my attorney fees in the event I am not found in contempt? Thank you for any responses.

Since you have an attorney don't worry about what you do or don't have to file. Your attorney will handle that. Ask your attorney to include a request for dad to pay your legal fees.

I can't imagine why he can't call your phone. Be sure to provide your attorney with proof that you have the phone and that its in good working order.

 

[ljrdg]

Since you have an attorney don't worry about what you do or don't have to file. Your attorney will handle that. Ask your attorney to include a request for dad to pay your legal fees.

I can't imagine why he can't call your phone. Be sure to provide your attorney with proof that you have the phone and that its in good working order.

Thank you for your response. Hopefully my attorney handles everything he has a problem with follow through and doesnt return my calls etc. Hes not very good but the only one I can afford right now. I have no idea why he cant call my phone, everyone else is able to even from other states. He says when he dials my # it says the call cant be completed as dialed. i have his number programmed into my phone also and when I have called him he will hang up on me. Too bad I cant prove that.

 

[frylover]

IThis is just a suggestion for the OP.....would her phone records show she had attempted to call him? And would that be of any use in court?

 

[LdiJ]

IThis is just a suggestion for the OP.....would her phone records show she had attempted to call him? And would that be of any use in court?

Yes, her phone records should show that.