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Can I file Both?

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proudfatherof4

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

My daughter's mother is denying me the right to see and speak to my daughter, and I do have a partial custody order.

My question is whether I can file a petition for modification and also a petition for contempt at the same time, or is it only one or the other?

I have found free legal forms and I would like to file both if possible. The reason I want the modification is because our current order is so vague. It basically states that my visitation will be scheduled on dates and times that she and I both agree. The reason it is like this is because at the time of the order we were getting along and THOUGHT we could handle the situation as adults.

I believe she is in contempt because she has recently blocked my telephone number (and the numbers of everyone in my house ex. wife, son, etc.) from calling my daughter.

Any suggestions are greatly appreciated!

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


Ronin

Member
The reason I want the modification is because our current order is so vague. It basically states that my visitation will be scheduled on dates and times that she and I both agree.
Seems like this mistake is far more common than it should be, and more often than not causes folks a lot of grief and going back to court. Visitation agreements should ALWAYS have a default visitation clause with a set schedule in the event parties are unable to agree.

If you are doing this on your own, you need to keep this as simple as possible.

By the plain letter of your current visitation order, she may arguably not be in contempt of what is a rather vague order.

But under the circumstances, since the current visitation order is no longer workable and not in the best interests of the child, this should be sufficient to modify the order to include whatever is considered a standard visitation schedule in your state.
 
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BL

Senior Member
File a modification petition and state even though the order states visitations as agreed , the other party will not agree to any visitation and you believe that to be contempt .

Request visitations that you can adhere to ( standard - if you can visit under it most of the time ) .

The court will decide if there is any contempt or parental alienation , and what sanctions , if any to impose .

If you don't have joint Legal Custody , request that also.
 

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