Can I file contempt to court?

[justseparated]

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

When my ex-husband and I got divorced and signed the custody agreement, we lived in the same county, about a mile away. The custody order states that a 30-day notice to relocate shall be provided. In October 2014 the ex moved, he provided no notice, giving me his new address the day he moved, after the move (when he was picking up our daughter to take to his new home). The new address is in MD, about 40 miles away. He insists I pick up or drop off our daughter half the time when he has visitation (every other weekend), he also has no reliable source of transportation. There is no details in the custody agreement on that. I am not always able to make the trip, as I usually work on Sundays when he brings her back - I arrange for a babysitter to wait for her at my place. Additionally, when our daughter is with him, he often takes 4-6 hours to return my phone calls. The custody agreement states we should provide phone access to her when she is with the other parent. He has multiple roommates (often changing) and refuses to give me their contact information in the event of an emergency. Do I have ground to file for contempt or ask for a different pick up/drop off transportation arrangement?

 

[Proserpina]

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

When my ex-husband and I got divorced and signed the custody agreement, we lived in the same county, about a mile away. The custody order states that a 30-day notice to relocate shall be provided. In October 2014 the ex moved, he provided no notice, giving me his new address the day he moved, after the move (when he was picking up our daughter to take to his new home). The new address is in MD, about 40 miles away. He insists I pick up or drop off our daughter half the time when he has visitation (every other weekend), he also has no reliable source of transportation. There is no details in the custody agreement on that. I am not always able to make the trip, as I usually work on Sundays when he brings her back - I arrange for a babysitter to wait for her at my place. Additionally, when our daughter is with him, he often takes 4-6 hours to return my phone calls. The custody agreement states we should provide phone access to her when she is with the other parent. He has multiple roommates (often changing) and refuses to give me their contact information in the event of an emergency. Do I have ground to file for contempt or ask for a different pick up/drop off transportation arrangement?

You can try to have him held in contempt, but why now? He's been gone since October - at most you're going to have him held liable for transportation.

You can request that he's responsible for transportation. No reliable source? Can you clarify that please? Also, is there a reason why you can't switch with Dad if you have to work? If not expect him to file for a modification giving him at least some of the Saturdays,

He's returning calls - just not in your preferred time spot. You might want to expect that Dad will ask for clarification - for example, the parent shall make the child available for phone calls between X and Y on 3 days of the week.

Dad likely won't be forced to disclose information about the room-mates, and in the case of an emergency the court trusts both of you to make appropriate decisions.

I'm not entirely sure what your goal is at this point.

 

[Silverplum]

The hx would probably be helpful to read, in this instance.

 

[justseparated]

Thank you. I'm trying to see if there's a point for me to go to court and not make things worse. My goal would be to have him take on most of the transpiration duties since he moved further out. I understand that it's not very timely to file contempt now that it's been 3 months since the relocation. He hasn't had a vehicle in a running condition in over a year. When he lived close by, I usually did pick up/drop offs, or he could take cabs or public transportation, but that is no longer an option.

 

[Zigner]

Thank you. I'm trying to see if there's a point for me to go to court and not make things worse. My goal would be to have him take on most of the transpiration duties since he moved further out. I understand that it's not very timely to file contempt now that it's been 3 months since the relocation. He hasn't had a vehicle in a running condition in over a year. When he lived close by, I usually did pick up/drop offs, or he could take cabs or public transportation, but that is no longer an option.

"Duties", or "costs"? There is a difference.

 

[justseparated]

"Duties", or "costs"? There is a difference.

Duties. Again, I'm not always able to take two hours of my day to make the trip, I usually work on Sundays when she is scheduled to return. I don't mind sharing gas cost is needed.

 

[justseparated]

Duties. Again, I'm not always able to take two hours of my day to make the trip, I usually work on Sundays when she is scheduled to return. I don't mind sharing gas cost is needed.

He insists I pick up our daughter during my work hours - I cannot simply take off work for that. What do I do?

 

[LdiJ]

He insists I pick up our daughter during my work hours - I cannot simply take off work for that. What do I do?

You are going to have to head back to court as fast as possible to get transportation issued clarified and ordered. In the meantime, is there any family or friends that could help you out until you get the orders clarified?...or could you get your schedule changed at work temporarily until you get the orders clarified? Its very likely that he will be ordered to provide the transportation since he created the distance and that distance interferes with your work schedule, but you are going to have to find some way around it until you get the orders clarified.

However, since you are not responsible for the transportation under the orders you certainly do NOT have to deliver the child to him for his weekends. If he is not going to bring the child back to you then do not take the child to him.

 

[justseparated]

You are going to have to head back to court as fast as possible to get transportation issued clarified and ordered. In the meantime, is there any family or friends that could help you out until you get the orders clarified?...or could you get your schedule changed at work temporarily until you get the orders clarified? Its very likely that he will be ordered to provide the transportation since he created the distance and that distance interferes with your work schedule, but you are going to have to find some way around it until you get the orders clarified.

However, since you are not responsible for the transportation under the orders you certainly do NOT have to deliver the child to him for his weekends. If he is not going to bring the child back to you then do not take the child to him.

He is supposed to pick her up but insists I pick her up from his place this Sunday. I have no family here, and neither does he. I don't have anyone I can ask to make a one-hour trip each way. I used to drop her off when he lived nearby, that was not an issue. But with this distance now, it has become one.

 

[LdiJ]

He is supposed to pick her up but insists I pick her up from his place this Sunday. I have no family here, and neither does he. I don't have anyone I can ask to make a one-hour trip each way. I used to drop her off when he lived nearby, that was not an issue. But with this distance now, it has become one.

In order for you to have to pick her up from his house, he has to have picked her up from yours at the beginning of the weekend. Are you saying that he has a way to pick her up from your house at the beginning of the weekend? I am trying to understand what he is really demanding here, and you are not being clear at all.

 

[justseparated]

In order for you to have to pick her up from his house, he has to have picked her up from yours at the beginning of the weekend. Are you saying that he has a way to pick her up from your house at the beginning of the weekend? I am trying to understand what he is really demanding here, and you are not being clear at all.

Sorry, he is supposed to pick her up from school Friday night, he is getting a ride from someone. Yes, he insists I do the Sunday pick up from his place in the afternoon when I'm supposed to be at work.

 

[LdiJ]

Sorry, he is supposed to pick her up from school Friday night, he is getting a ride from someone. Yes, he insists I do the Sunday pick up from his place in the afternoon when I'm supposed to be at work.

Well...then you have about two choices. You either deny his visitation by making sure that the children are not available to be picked up by him (seriously bad idea) or you pick them up after you get off work (and get the police involved if he does not cooperate with that). In the interim you get back into court ASAP to get the orders clarified.

I think that you really need an attorney at this point.

 

[justseparated]

Well...then you have about two choices. You either deny his visitation by making sure that the children are not available to be picked up by him (seriously bad idea) or you pick them up after you get off work (and get the police involved if he does not cooperate with that). In the interim you get back into court ASAP to get the orders clarified.

I think that you really need an attorney at this point.

Thank you. I never denied his visitation and do not intend to. He has to be at work on Sunday an hour before I finish, so that leaves a time period she has to be with a babysitter, In the past I've arranged for one to be available at my place but now he refuses to do drop her off. Also, I forgot to mention that my place is on his way to work, although that's probably unrelated.

 

[justseparated]

Additionally, I have reasons to believe he is usung drugs. I know it may be unrelated, but can I ask a judge to request a drug test?

 

[Silverplum]

Additionally, I have reasons to believe he is usung drugs. I know it may be unrelated, but can I ask a judge to request a drug test?

What's your basis?

And then, what's your goal?