Can they be found in comtempt?

[doin-it-myself]

What is the name of your state? In


Here is the thing I go to court in the morning on a Petition to Modify Custody and Temporary Custody Pending Desicion of Modification. Here is the question At the last possible my daughters father said he is not bringing her to court tomorrow because he feels that she does not need to hear what her father and I say, can he be found in contempt for not bringing her and Won't the Judge wnat to speak with her just in case the Judge makes her desicion tomorrow? The only reason he does not want to bring her is because of me asking for Temp custody and if I don't get it then I am supposed to get her for the weekend, they have already refuse me two consecutive visits. I am at a loss here what should I do?

 

[Grace_Adler]

I don't think he can be found in contempt of anything unless he was ordered to bring her or was subpeoned. (I can never remember how to spell that. I guess I better start remembering. LOL)

There is always a possibility that the judge would want to speak with her and it could help your case.

If they have refused you visits, I would be sure to bring that up at the hearing.

Please come back and update us after court.

 

[doin-it-myself]

no I don't think it was ordered that she be there but A GAL was appointed but then I got a letter from them today that there would not be a GAL because they did not have any available. I am talking to the step mom online as we speak right now and of all the nerve she keeps hitting me online and then telling me to leave her alone. I'm just so fed up with them. I will be sure to let everybody here know what happened in court believe that I feel like my case is good since he sent her to me over a year ago three hundred miles away and never tried to get her back until he brought the police with him on June 9 and since then I have seen her once and they refuse me visits and or make up time to those refused visits. I have everything documented.

 

[Grace_Adler]

Good, that's going to look good on your part. I'm wondering though if it would be better to get it continued until they have a GAL or if you would be better off going ahead and trying to get this out of the way.

 

[hexeliebe]

Just a personal aside here, since there is no legal basis for contempt if the daughter was not ordered to appear.

If you show up in court tomorrow and if your daughter is germain to your case and can testify as to the refusal to allow visitation, then ask for a continuance until a GAL can be appointed. When the judge asks why simply tell her/him that you expected your daughter to be made available and she is not.

 

[doin-it-myself]

Thanks for the advice I sure appreciate it so much I am so nervous about tomorrow. The bottom line is that he got custody in 1999 because I was addicted to drugs and then he sent her to live with me in Nashville Tennessee in June of 2002 and did not even try to find out if I was clean or not, he said he had faith that I was clean anyway he never done anything to get her back until June 9 of this year now he says that he is going to use my addiction against me What a joke he didn't owrry about that a year ago when he sent her 300 miles away because his wife couldn't handle her. The bottom line is my daughter wants to be with me I am clean she is 12 she will be 13 in October. If there will not be a GAL available do you think I still ahve a good chance. I know I have asked this question so many times and I am sorry and I also know that what I may hear here may not be what I want to hear but I just need to know the truth do I or do I not have a good chance?

 

[doin-it-myself]

oh yes I did forget in the letter I got today from the GAL office it said I could hire a lawyer to act a GAL for 65.00 and hour if I had the money I would just to get this over with tomorrow Does anyone think that it may be possible to have this over with tomorrow? I am starting to get so mentally drained it's pathetic and I know that is what they want, WELL THEY AREN"T GETTING ME> lol wish me luck.

 

[Grace_Adler]

Hey, this is my first time back since last night. How did it go today?

 

[hexeliebe]

check out this thread Grace:

https://forum.freeadvice.com/showthread.php?s=&threadid=151908

 

[Grace_Adler]

Thanks hex. As you can see, this is my first post of the day. LOL