Troubled Teen/Vindictive NCP/Boarding School

[truthwalksin]

Because my attorney told me that if my husband did not visit with his other child that he could be held in contempt and lose visitation. What makes you qualified to tell me or my attorney that I am wrong?

You are in MD. The OP is in TX. Nothing in your personal experience qualifies you to advise a Texan on family law matters. Apparently your attorney has failed to read the U.S. Constitution, at the very least.

What other legal experience do you have, other than your own dilemmas? By what standard do you find yourself qualified to answer legal questions, particularly for those in other states?

 

[stealth2]

Because my attorney told me that if my husband did not visit with his other child that he could be held in contempt and lose visitation. What makes you qualified to tell me or my attorney that I am wrong?

It may well be that you have something specific in your orders that allows for this. However, it is rarely the case. Just as, while he is obligated to pay you support, you are not obligated to cash the check. That does not place you in contempt.

However, in most situations, visitation is not an obligation and the NCP is not held in contempt for not seeing the child. If you can find something in MD statutes that says otherwise, I'm sure we would all be interested in seeing it for future reference, even though it doesn't apply to OP.

 

[lparty]

Ok, let me put it this way. When there is an Custody Order placed by the Judge, your saying, the only person that has to abide by that Order is the person with physical custody? An Order is an Order, both parties must abide by that or the CP can use that against the NCP. I have. It would be considered Chronic non-obedience with the visitation schedule. It goes both ways. If the NCP is not going to be there on scheduled visits the Judge can reduce it. In my husbands case, his other son lives 6 hours away. If he had requested that he get his son every other weekend and was only able to make it up there one weekend a month for a couple of months, his ex could hold him in contempt of the court order and have it modified. The mediator told him that even before we got an attorney and the attorney said the same thing. So he get's him one weekend a month and sometimes more if she will allow it.

 

[BelizeBreeze]

Because my attorney told me that if my husband did not visit with his other child that he could be held in contempt and lose visitation. What makes you qualified to tell me or my attorney that I am wrong?

Take out your visitation order and post here the exact phrase where this is required.

 

[BelizeBreeze]

Ok, let me put it this way. When there is an Custody Order placed by the Judge, your saying, the only person that has to abide by that Order is the person with physical custody?

No, we're talking about a visitation order. NOT a custody order.

An Order is an Order, both parties must abide by that or the CP can use that against the NCP.

Again, wrong. There are separate and distinct ORDERS which have separate and distinct requirements.

I have.

Irrelevant

It would be considered Chronic non-obedience with the visitation schedule. It goes both ways.

No it would not, excpet by you. Visitation is a right exercised by the ncp and REQUIRED by the CP to follow.

If the NCP is not going to be there on scheduled visits the Judge can reduce it.

which is different than contempt.

In my husbands case, his other son lives 6 hours away. If he had requested that he get his son every other weekend and was only able to make it up there one weekend a month for a couple of months, his ex could hold him in contempt of the court order and have it modified.

again, wrong. THE ONLY person who is held or can be held in contempt of a visitation order is the person required by statute to follow such an order which is the custodial parent. The non-custodial parent receives the right of visitation, not the requirement

The mediator told him that even before we got an attorney and the attorney said the same thing. So he get's him one weekend a month and sometimes more if she will allow it.

as suggested before, post here the exact phrase in the visitation order that this refers to or your attorney's phone number.

 

[lparty]

The word ORDER is at the very top. The phrase "It is ordered" or "It is further Orderd" is the beginning of just about every paragraph.

 

[stealth2]

Guys - this isn't going to help OP at all. The answer to her question is that yes, she can be held in contempt.

 

[lparty]

Alright hear is an example, my husband has supervised visitation with our children. I guess he doesn't have to follow that order since the order only pertains to me.

 

[lparty]

In the order he is to keep the kids at his grandmother's house, but I guess again he would not be in violation of the court order if he took them from there since the court order only pertains to me.

 

[stealth2]

lparty - at this point, the discussion of your order has more than hijacked OP's thread (and no, it's not all your fault). Perhaps it's time to end that discussion here and take it to its own thread.