custodial parent in contempt

[debandgary]

Tn. What happens when the custodial parent is in contempt of court? We all know that the non custodial parent can be fined or put in jail, but what about the cusodial parent. Even though I have court ordered phone visitation 2 nights a week my ex has refused to let me talk to my children on the phone for over a month now. There is a restraining order against physical visitation but even his attorney told me the there I am supposed to be able to call them. I know for a fact that he has told the children that he would do anything he could to keep me from them. He has been very bitter with me ever since our divorce 7 years ago. I have proof that everything he has done is out of bitterness but I can't afford an attorney. I need to know what I can do and how to get it done.

 

[I AM ALWAYS LIABLE]

I need to know what I can do and how to get it done.

My response:

Since we're not going to give you step-by-step instructions via the Internet, or put you through law school, I would suggest that in order to answer such a generalized question that you "hot foot it" down to your nearest, and larger, bookstore and look in their "Legal Section" for a good "How To" book. Make sure you follow the directions and instructions "to the letter". Even if you don't understand why, just do it per the instructions.

Good luck.

IAAL

 

[debandgary]

The main issue here is that HE is in contempt. I have been told that I would be wasting my time charging him with contempt because the courts would basically just tell him not to do it again since he has physical custody.

 

[I AM ALWAYS LIABLE]

The main issue here is that HE is in contempt. I have been told that I would be wasting my time charging him with contempt because the courts would basically just tell him not to do it again since he has physical custody.

My response:

Okay.

Then, since this last statement of yours flies in the face of your original post, then what exactly can we do for you ?

IAAL

 

[debandgary]

I wanted to know what happens when the custodial parent is in contempt but apparently you can't answer that. I don't know why you appear to have an attitude towards my post. If it is the fact that I mentioned a restraining order than maybe you need to know that the only reason he has that is because he has money and I don't. Anybody can make an accusation and until I can afford an attorney to fight him on this I have to live without seeing my children. I haven't done anything wrong or broken any laws in case you need to know. I am a very loving mother and my children are very upset about not seeing me either and I really don't need any attitude from anybody right now. All I wanted was an answer, not an attitude. It is hard enough being in this position and not knowing where to turn or what to do. I guess custodial parents really do have all the rights.

 

[I AM ALWAYS LIABLE]

I wanted to know what happens when the custodial parent is in contempt but apparently you can't answer that. I don't know why you appear to have an attitude towards my post. If it is the fact that I mentioned a restraining order than maybe you need to know that the only reason he has that is because he has money and I don't. Anybody can make an accusation and until I can afford an attorney to fight him on this I have to live without seeing my children. I haven't done anything wrong or broken any laws in case you need to know. I am a very loving mother and my children are very upset about not seeing me either and I really don't need any attitude from anybody right now. All I wanted was an answer, not an attitude. It is hard enough being in this position and not knowing where to turn or what to do. I guess custodial parents really do have all the rights.

My response:

When a litigant is in "Contempt of Court", that litigant (no matter which one) can suffer the same consequences as any other litigant. The same thing happens to an NCP as well as a CP. I can't help what a "specific judge" might do ! Judges have great discretion as to how they deal with someone who disobeys a court order - - and that includes anything from jail time, to paying a fine, to a combination of consequences, to nothing at all.

Custodial parents, theoretically, have no more "Rights" than any other person. If a CP disobeys a court order, and goes to jail, then the NCP takes a chance that the children will either be placed in the custody of the NCP, or be placed into Foster Care.

That's what can happen. In the final analysis, it all depends upon the judge and how that judge sees the parties, and knows of their background. For example, if you have a criminal background, then you take a chance on your children not being placed with you. There are all sorts of scenarios.

Satisfied ?

IAAL

 

[PatrickM]

I am in the same postition you are. MyX, the CP is commiting all kinds of violations,not only of the court order, but of harrassment laws also. I too want to pettition the court to review the court ordered visitation and child support amount, or maybe even seek joint custidy, but I, like you, will have a very hard time paying the astronomical cost of a lawyer. I have no idea if I even need a lawyer to pettition the courts for a review and modification and dont know where to turn, besides this forum, for answers. It looks like Im going to have to talk to a lawyer to see if I need a lawyer. Gee, wonder how that will turn out. Anyway, your post touched me and I want to tell you to remember that your kids need you to keep up the fight, no matter how hard it gets.
I belive that if we hang in there and show perseverence, good things will happen sooner or later. Good luck to you!