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Child exchange

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Eekamouse

Senior Member
What is the name of your state?
Fl

Can i be held in contempt if my sons father refused to pick our son up from my mother.? He refused to pick our son up for weekend visitation due to the fact that i had previous arrangements and would not be physically present. I set up for my mother to be where his father chose at the court ordered time. He demanded that i be present or use ANYONE but my mother. My children and I currently live with my mother. My mother took my son as arranged and even made a police report that my son was never picked up. A police officer even spoke with my sons father who clearly stated he would not pick our son up from my mother. He proceeded with filing contempt claiming I with held visitation. And another for him calling my phone to speak to our son(which would be the other way around if he would have picked our son up) and I was unavailable as i stated I would be, (hints why i made other arrangements) and he didn't get to speak to our son for the duration of the weekend. He is asking for jail time and for me to pay all costs pertaining to this case. Our case is to be in front of a magistrate. This is our most recent issue. I would like to obtain legal counsel for this issue and many others.
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So go out and hire a lawyer and get legal counsel.
 
Last edited by a moderator:


not2cleverRed

Obvious Observer
Can i be held in contempt
What is the name of your state? Fl
Can i be held in contempt if my sons father refused to pick our son up from my mother.? He refused to pick our son up for weekend visitation due to the fact that i had previous arrangements and would not be physically present. I set up for my mother to be where his father chose at the court ordered time. He demanded that i be present or use ANYONE but my mother. My children and I currently live with my mother. My mother took my son as arranged and even made a police report that my son was never picked up. A police officer even spoke with my sons father who clearly stated he would not pick our son up from my mother. He proceeded with filing contempt claiming I with held visitation. And another for him calling my phone to speak to our son(which would be the other way around if he would have picked our son up) and I was unavailable as i stated I would be, (hints why i made other arrangements) and he didn't get to speak to our son for the duration of the weekend. He is asking for jail time and for me to pay all costs pertaining to this case. Our case is to be in front of a magistrate. This is our most recent issue. I would like to obtain legal counsel for this issue and many others.
No. You did not withhold visitation. The child was available at the appointed place, at the appointed time, with police as witnesses (since the exchange point is the police station). Dad was free to exercise visitation. He chose not to exercise visitation. There was no barrier to Dad exercising visitation; Grandma being present in the police station posed no danger to Dad - there's no restraining order against him, she has no history of assaulting him, and there are police (and possibly security cameras) that could be witnesses should anything untoward happen.

So he filed a motion to find you in contempt, based on withheld visitation.

Respond that he failed to exercise visitation, and that the child was available at the appointed place, at the appointed time, and that this can be documented with a police report.

Further petition that the court order be modified to read that EACH parent be allowed to designate another responsible adult to transport your son for the purposes of facilitating visitation or general transportation. In particular, Grandma can pick up the kid from school if you give her permission, just as stepmom (a legal stranger not even biologically related) does, and Grandma can handle exchanges for facilitating visitation, just like stepmom (the non-biologically related legal stranger) does.

For flexibility (and frankly, to keep Stepmom from thinking that she has any standing other than that of a legal stranger who lives with Dad), it would be good if any modification names no such person directly, but limits it to who the respective parent chooses to deem "responsible", should they be unavailable.

FA does not provide lawyer referrals.

I suggest you start here: https://help.flcourts.org/notice-about-representing-yourself/ and work your way through here: https://help.flcourts.org/forms/#all-forms

I see nothing really obvious that you can use, but it might help you to develop a familiarity with what to expect. Is Dad using a lawyer? If Dad is using a lawyer, you definitely need one representing you...
 
I'm not sure, he represented himself until trial then obtained an attorney right before trial. He then had a different attorney for child support court. He claims to have 2 attorneys. I can not afford an Attorney, i had one from day one to the end of trial. I am pretty confident about representing myself as long as I can receive proper advice and pointed in the proper direction to do so.
 
He filed the contempts himself, I have not seen anything stating he has an attorney for this, but this can change just as it did at trial i suppose.
 

not2cleverRed

Obvious Observer
I'm not sure, he represented himself until trial then obtained an attorney right before trial. He then had a different attorney for child support court. He claims to have 2 attorneys. I can not afford an Attorney, i had one from day one to the end of trial. I am pretty confident about representing myself as long as I can receive proper advice and pointed in the proper direction to do so.
Since the first court date is usually a hearing, not a trial, you can chance it, representing yourself.

It is possible, depending on how foolish he comes across, that it could be dismissed without going to trial.
 

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