Is this contempt

[needsomeinfo]

What is the name of your state?Mo

If the court papers state that the Mother is to have physical residence of the child and the mother allows the child to live with the grandparents, would that be in contempt of the court order?TIA

 

[nextwife]

If dad doesn't like that he should file for custody.

 

[seniorjudge]

What is the name of your state?Mo

If the court papers state that the Mother is to have physical residence of the child and the mother allows the child to live with the grandparents, would that be in contempt of the court order?TIA

Yes, that is definitely contempt.

Check your parenting plan; you cannot move the residence of the child without jumping through the hoops.

 

[LdiJ]

Yes, that is definitely contempt.

Check your parenting plan; you cannot move the residence of the child without jumping through the hoops.

Perhaps it would be in your state. However in mine, and many others it would be grounds for a potential custody change, but not for contempt.

 

[seniorjudge]

Perhaps it would be in your state. However in mine, and many others it would be grounds for a potential custody change, but not for contempt.

http://www.moga.mo.gov/statutes/C400-499/4540001031.HTM
http://www.moga.mo.gov/statutes/C400-499/4520000375.HTM
http://www.mobar.org/journal/1998/novdec/barrie.htm

OP asked a Missouri question and I gave her a Missouri answer.

If this unauthorized change of custody interfered with visitation of the other parent, criminal liability could also attach.

 

[needsomeinfo]

The order is a Temporary Parenting Plan and in it, it states that the Respondent/Mother shall be the temporary residental parent of the minor child. The mother has allowed the child to live with the Grandparnets for the last 7 yrs. Father is trying to get custody changed but its been a long drawn out process. Also 5 years ago mother agreed for child to live with father and even wrote out the agreement on paper and then 2 days later takes the child back to the grandparents to live. So, I would think that it would be a violation of the courts or something. Does the father need to report this? TIA

 

[LdiJ]

The order is a Temporary Parenting Plan and in it, it states that the Respondent/Mother shall be the temporary residental parent of the minor child. The mother has allowed the child to live with the Grandparnets for the last 7 yrs. Father is trying to get custody changed but its been a long drawn out process. Also 5 years ago mother agreed for child to live with father and even wrote out the agreement on paper and then 2 days later takes the child back to the grandparents to live. So, I would think that it would be a violation of the courts or something. Does the father need to report this? TIA

That was pretty significant info that you left out of the first post. If the child has lived with the grandparents for the last 7 years dad is going to have a REALLY hard time getting custody let alone finding the mother in contempt. Dad would have had a lot more recourse 7 years ago...or even 5 years ago. The agreement mom wrote out on paper is worthless because it wasn't court ordered, therefore wasn't/isn't enforceable.

The grandparents have been the defacto parents of the child for 7 years now...that is going to have a lot of weight in court.

 

[needsomeinfo]

Dad tried many times to see the child and was denied. At the time he didn't know exactly what to do as far as the courts and getting a lawyer. Plus, he didn't want to make his parents mad at him. He realizes that its not about his parents its about his daughter and thats all tha matters to him. If it makes his parents made then it makes them mad. TIA

 

[LdiJ]

Dad tried many times to see the child and was denied. At the time he didn't know exactly what to do as far as the courts and getting a lawyer. Plus, he didn't want to make his parents mad at him. He realizes that its not about his parents its about his daughter and thats all tha matters to him. If it makes his parents made then it makes them mad. TIA

WHAT? Its HIS parents who have had the child for the last 7 years?...NOT her parents? AGAIN...significant information that should have been included in your original post.

Your husband needs to consult an attorney.

 

[stevenslady]

the grandparents should butt out

to hell with what his parents think,its none of their business.if he has court ordered visitation,and they wont let him see the child,they can be arrested for intefering with a court order.the mother is in danger of losing custody and possibly visitation rights becuase she refuses to let the father see his child.simple as that.the parents have rights,the grandparents dont.

 

[LdiJ]

to hell with what his parents think,its none of their business.if he has court ordered visitation,and they wont let him see the child,they can be arrested for intefering with a court order.the mother is in danger of losing custody and possibly visitation rights becuase she refuses to let the father see his child.simple as that.the parents have rights,the grandparents dont.

Ok...either you haven't read the entire thread or you don't understand the dynamics of the whole situation. Dad needs to get an attorney. This one isn't simple....and basically mom's custody is fairly irrelevant at this point.

 

[needsomeinfo]

Yes it is his own parents who are doing this to him. That why he as basically said Screw you to them..his daughter is much more important to him then they are. He has Joint custody and we have a lawyer. I posted a week ago about my SD showing since of sexual misconduct and she actually showed me that oral sex had been done to her by a 3 yr old. Not sure where the 3 yrold learned if from but we had made a hotline call and my dh made a police report. The mother and grandparents called the sheriff out when my dh didn't return her last sunday night. DH, I and SD all spoke with them and we all felt it was the best intrest for her to stay with us. Then when speaking with our lawyer on monday he told us to return the child back to the parents ASAP and that my dh had violated the court order. It happened in the homw with the grandparents and we are suppost to let her go back into that. DFS said they wouldn't even question her about it. So, what is on suppost to do. You look out for the child then the system fails.

 

[wife w/question]

you need to get something done asap. Me and my husband were in your boat about 3 years ago,and as soon as they got a chance the grandparents stole custody from all of us and refuse to let us see the child.

 

[seniorjudge]

What is the name of your state?Mo

If the court papers state that the Mother is to have physical residence of the child and the mother allows the child to live with the grandparents, would that be in contempt of the court order?TIA

You left out so many significant facts and you keep adding stuff.

All I can say is y'all better get a lawyer if you want something done.

 

[DOS2005]

Reply to Is this Contempt

Not sure if that is contempt or not. Is the mother also living there with the children or this a child care type thing? If the parents have shared parental responsibilities and the father has liberal visitations I am sure he could ask the courts for more time with the kids or ask for a change of custody that would give him the custody the inlaws seem to have now. Sometimes the Residential Custodial parent isn't following the laws and it just doesn't seem to matter. They are never held responsible it seems. It's up the the other party to pay for representation and get them back to court and then nothing happens. It's only the parent sending the money who gets into trouble if they stop it for some reason it seems to me and something has to change. My Ex always left my kids alone or with others instead of calling me to have them for the time he was working or away. A NO NO but it would have been up to me to take him back to court over and over, which I did and still he's doing the same old routine to this day. Get a modification of custody and Support and either get her to stick to the agreement by living with the kids herself and not leaving them with her parents all the time or allowing the father to have the time they are with her parents. It's important kids have both their parents whether the other parent likes that idea or not.. Sounds like she doesn't want them spending time with him as my Ex husband doesn't want me to have a relationship with my children, simply because he can't control me any other way anymore.