Can I file a complaint/contempt

[proudfatherof4]

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

I am curious to know whether I am able to file for a complaint or contempt hearing against my daughter's mother on my own or do I have to hire an attorney for this step.

I am thinking that in the long run I will eventually need to hire an attorney, but just to get the initial ball rolling is this necessary?

My daughter does reside with her mother and we have a joint custody order. However, I am not being permitted to see my daughter and I was just informed last night that over the holidays I again will not get the opportunity to spend time with my daughter.

After her mother had told me that I was not going to get to see her over the holidays, she and I went back and forth for several hours. Ultimately ending with her telling me that she is going to block me and my wife and children from making any contact with my daughter. I also contacted her hometown police to file a complaint because she would not stop texting me after I had specifically asked to end the conversation. I believe that she is creating the "parental Alienation Syndrome" and I also feel that she has been hindering my relationship with my daughter. Not to mention, it is also hindering the relationship between my wife and children and my daughter. My oldest son spent the first 5 years of his life growing up with my daughter and now he isnt even allowed to talk to his sister?! This is crazy!

I am sure that after first look you are thinking...this guy must be doing something wrong. But the fact is that I have done everything in my power to build my relationship with my daughter. But being as her mother and I dont exactly get along she is punishing my relationship for it.

We do reside in different counties within the state and it has been tough because of the distance. My daughter is 13 years old and I want to put an end to this situation before it is completely out of hand.

Also, this may not be pertinant but this case has been messy from the start. Grandparents originally had custody, I had custody from age 4-9 and then mother has had custody from 9-current.

Any opinions would be appreciated! And if you need any further information, please just ask!

Thank you so muchWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Ohiogal]

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

I am curious to know whether I am able to file for a complaint or contempt hearing against my daughter's mother on my own or do I have to hire an attorney for this step.

I am thinking that in the long run I will eventually need to hire an attorney, but just to get the initial ball rolling is this necessary?

YOu can file if you know how to file without an attorney.

My daughter does reside with her mother and we have a joint custody order. However, I am not being permitted to see my daughter and I was just informed last night that over the holidays I again will not get the opportunity to spend time with my daughter.

Are you going to attempt to pick up the child for your time with her?

After her mother had told me that I was not going to get to see her over the holidays, she and I went back and forth for several hours. Ultimately ending with her telling me that she is going to block me and my wife and children from making any contact with my daughter.

Are you entitled to phone interaction with your child per court order?

I also contacted her hometown police to file a complaint because she would not stop texting me after I had specifically asked to end the conversation.

That is not mature.

I believe that she is creating the "parental Alienation Syndrome"

PAS has been thoroughly discredited. DO NOT use that argument. She may be alienating your child HOWEVER that does not mean she is creating PAS.

and I also feel that she has been hindering my relationship with my daughter. Not to mention, it is also hindering the relationship between my wife and children and my daughter. My oldest son spent the first 5 years of his life growing up with my daughter and now he isnt even allowed to talk to his sister?! This is crazy!

So what does the court order state?

I am sure that after first look you are thinking...this guy must be doing something wrong. But the fact is that I have done everything in my power to build my relationship with my daughter. But being as her mother and I dont exactly get along she is punishing my relationship for it.

Have you attempted to pick up your child for EVERY visitation that you say she has denied you? Have you followed the court order for every visitation?

We do reside in different counties within the state and it has been tough because of the distance. My daughter is 13 years old and I want to put an end to this situation before it is completely out of hand.

teenagers are normally approaching being alienated from their parents. This COULD BE a normal phase.

Also, this may not be pertinant but this case has been messy from the start. Grandparents originally had custody, I had custody from age 4-9 and then mother has had custody from 9-current.

How did mom get custody?

 

[proudfatherof4]

YOu can file if you know how to file without an attorney.


Are you going to attempt to pick up the child for your time with her?

I don't know what to do because I want to see my daughter but I am certain that her mother will turn it onto a fight. And obviously I don't want to fight in front of the kids.

Are you entitled to phone interaction with your child per court order?

Our court order is not very specific. I have partial custody, but it is set up so that I see her when my daughter's mother and I are in agreeance. Which anymore, is never!

PAS has been thoroughly discredited. DO NOT use that argument. She may be alienating your child HOWEVER that does not mean she is creating PAS.

Thanks for the advice

So what does the court order state??

See above. Obviously I need to get it modified because it is not specific enough

Have you attempted to pick up your child for EVERY visitation that you say she has denied you? Have you followed the court order for every visitation??

The biggest thing is that when I schedule to make a trip in to see her, it always ends up that she has some new plans that she has to go to, so I never even make it to her house. And when I do get her I always end up getting calls from her mother saying she needs her back early. Sometimes visits are cut short by hours and other times they are cut short buy a day. They will change plans and not even tell me until I make the drive in.
As far as I am aware I have followed my court order. I have never said I was coming and not come and I have never been asked to come and not shown up.

teenagers are normally approaching being alienated from their parents. This COULD BE a normal phase.?

I hope it is a "phase"

How did mom get custody?

I had to go out of town for a period of time and I had agreed to allowing her to have temporary custody. She ended up taking it to court and filing for full custody. Obviously she got what she wanted. I was stunned because there was no legitimate reason for the decision.

 

[Isis1]

I don't know what to do because I want to see my daughter but I am certain that her mother will turn it onto a fight. And obviously I don't want to fight in front of the kids.





Our court order is not very specific. I have partial custody, but it is set up so that I see her when my daughter's mother and I are in agreeance. Which anymore, is never!




Thanks for the advice




See above. Obviously I need to get it modified because it is not specific enough




The biggest thing is that when I schedule to make a trip in to see her, it always ends up that she has some new plans that she has to go to, so I never even make it to her house. And when I do get her I always end up getting calls from her mother saying she needs her back early. Sometimes visits are cut short by hours and other times they are cut short buy a day. They will change plans and not even tell me until I make the drive in.
As far as I am aware I have followed my court order. I have never said I was coming and not come and I have never been asked to come and not shown up.





I hope it is a "phase"



I had to go out of town for a period of time and I had agreed to allowing her to have temporary custody. She ended up taking it to court and filing for full custody. Obviously she got what she wanted. I was stunned because there was no legitimate reason for the decision.

THAT need to be taken care of immediately!!!

 

[Ohiogal]

You are going to be hard pressed to get her for contempt when your court order states visitation is as you two agree. You need visitation spelled out so that it can be enforceable.

 

[proudfatherof4]

You are going to be hard pressed to get her for contempt when your court order states visitation is as you two agree. You need visitation spelled out so that it can be enforceable.

What about a modification so that there are more details? Is this something that is fairly easy? Does this generally happen in front of a conference officer or an actual judge?

Thanks again!

 

[LdiJ]

What about a modification so that there are more details? Is this something that is fairly easy? Does this generally happen in front of a conference officer or an actual judge?

Thanks again!

Filing for a modification would be totally appropriate in this situation. Whether something gets heard in front of a conference officer/magistrate or a judge, depends on the local county court.

 

[proudfatherof4]

Filing for a modification would be totally appropriate in this situation. Whether something gets heard in front of a conference officer/magistrate or a judge, depends on the local county court.

Is there any online site that I can find a generic form to fill out? I spoke to the Prothonatary's (sp.) office and they told me that they do not have one there. Generally people have to draw it up themselves, or hire an attorney. I really don't want to hire the attorney this early in the game. I have seen one for a different county, would it be acceptable to use it and just change the county name?

Thanks again!