Contempt Charges

[KarenWalker]

What is the name of your state?TEXAS

My husband's ex will be served with contempt charges for not allowing us to see the children. In Oklahoma, the paperwork was filed 1/03/05. The court date has been set, how long does it take for her to get served? It seems like it's taking a lifetime!

THanks!

 

[LdiJ]

What is the name of your state?TEXAS

My husband's ex will be served with contempt charges for not allowing us to see the children. In Oklahoma, the paperwork was filed 1/03/05. The court date has been set, how long does it take for her to get served? It seems like it's taking a lifetime!

THanks!

You do realize that its your responsibility to serve her?...correct? If you have an attorney the attorney will be handling it, however if you don't you have to serve her yourself, the court doesn't do it for you.

 

[stepmom&mom]

In Oklahoma, the hearing has to take place within 21 days of the motion being filed (so in your case, the court date is no later than January 24th.) You better hurry if you are going to serve her!

 

[stepmom&mom]

Here's the link for that.

http://www.oscn.net/applications/oscn/deliverdocument.asp?id=103878&hits=

 

[KarenWalker]

The lawyer said he's doing it. Is serving her days before the court date an advantage or disadvantage?

 

[meandmykids]

You have a court date set already??? How did you get it so fast? What about mediation? Or does that differ from state to state?

 

[KarenWalker]

The court date was set on the third of this month (lawyer got it). Just trying to find out if it is or isn't an advantage that she's not served yet but we go to court next week.

Mediation is up to the judge, that will be determined at the hearing (which our lawyer knows we don't want). I suppose it does change from state to state.

 

[stepmom&mom]

Review the following about notice of hearing:

http://www.oscn.net/applications/oscn/deliverdocument.asp?id=437500&hits=

 

[stepmom&mom]

Mediation would actually be better. It makes you look better if the dispute can be resolved in mediation, especially if you are attempting to compromise.

 

[KarenWalker]

Yeah, I don't think we're going to compromise though. Think about it... If she is not admonished for what she has done, it will continue to happen. Contempt is simply for a judge to say "why did you do that" and she says something that she can't back up and the judge simply says "then let him visit" case closed. The need for mediation is the same thing "let him visit" but is more extensive. There's nothing to compromise about, he just wanted to give our kids their christmas presents!

 

[stepmom&mom]

But you have to establish a pattern before you can just walk into court and demand full custody. You need letters, phone logs, documentation (a journal of all visits or missed visits and times and what was discussed during phone calls.) It may take time to accomplish this. It certainly won't happen overnight. If you fear child abuse, then call CPS so that you will have a documented case.

 

[KarenWalker]

Great advice! We do have detailed documents going back over the last 6 months of occurrences, I hope that helps!

I heard that filing CPS reports can be used against you as they often throw them out if an ex calls. (She does have a CPS history before I was in the picture)

 

[stepmom&mom]

It can only hurt you if you are making false allegations.

 

[KarenWalker]

I've never called CPS, how do I do that, what do I say? I'm going by threatening calls from the X and stories my stepson tells me. Can they do discovery independent of a court case or is calling CPS a complaint?