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Wisconsin - Contempt of Court

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thatchicanoguy

New member
The state I reside in is Wisconsin.

I am a father, and I have filed the forms order to show cause for contempt and physical placement. I haven’t seen my son since June 17th. I have just received the documents from the courts that are signed by the family court commissioner and I just have to bring the forms to the county sheriff where his mother resides. She just texted me today if I want to have my son this weekend. I have made work arrangements because she stated that I will not get him until I take her to court. Should I get my son still? Will it affect the court hearing?

I have received a text message saying that I will not see my son until I take her to court. She then proceeded to block me and I sent her text message saying I wanted my son. I didn’t get a text back from her 9 days later. Saying that “When you have a proper home for him and he has his own room and bed and u actually keep him and don’t pawn him off then u can see him but not until then” I live in a one bedroom apartment, he has his own bed and dresser, I work during the week (I had him for a week) and he was at my mothers house while I worked.
 

LdiJ

Senior Member
And did your son sleep at your house the week that you had him, or at your mother's house?
 

LdiJ

Senior Member
The state I reside in is Wisconsin.

I am a father, and I have filed the forms order to show cause for contempt and physical placement. I haven’t seen my son since June 17th. I have just received the documents from the courts that are signed by the family court commissioner and I just have to bring the forms to the county sheriff where his mother resides. She just texted me today if I want to have my son this weekend. I have made work arrangements because she stated that I will not get him until I take her to court. Should I get my son still? Will it affect the court hearing?
Are you actually saying that you would give up seeing your son if you thought it messed up your strategy for court? Of course you should get your son.

I have received a text message saying that I will not see my son until I take her to court. She then proceeded to block me and I sent her text message saying I wanted my son. I didn’t get a text back from her 9 days later. Saying that “When you have a proper home for him and he has his own room and bed and u actually keep him and don’t pawn him off then u can see him but not until then” I live in a one bedroom apartment, he has his own bed and dresser, I work during the week (I had him for a week) and he was at my mothers house while I worked.
We will be able to give more advice when you have answered the previous questions asked.
 

Zigner

Senior Member, Non-Attorney
Are you actually saying that you would give up seeing your son if you thought it messed up your strategy for court? Of course you should get your son.
The OP needs to explain the present court order for custody and visitation before such a definite statement can be made.
 

LdiJ

Senior Member
The OP needs to explain the present court order for custody and visitation before such a definite statement can be made.
So, he opts not to see his son and when he tries to make the argument that she is keeping the child from him, and she tells the judge that she offered him a weekend and he turned it down, how is that going to look to the judge?

In addition, if he does take the weekend and she tries to argue that he HAD time with the child, he can easily state that it only happened after he filed for contempt.

I see it as a lose/lose situation if he chooses not to see his son, and a win/win situation if he does.
 

Zigner

Senior Member, Non-Attorney
The wording of the actual order is important when it comes to a contempt motion. If the OP was ordered to have the children at that specific time and the mother refused, then yes, filing for contempt is appropriate. If the order is that visitation shall be as agreed upon by the parents, then no, filing for contempt is not appropriate. I'm not disagreeing with LdiJ at this point - I'm just pointing out that we really don't have enough information to make definitive statements.

ETA: This is also important when telling the OP to simply go get the child. If there isn't a specific time mentioned, then it's not appropriate for the OP to just show up and demand his child.
 

LdiJ

Senior Member
The wording of the actual order is important when it comes to a contempt motion. If the OP was ordered to have the children at that specific time and the mother refused, then yes, filing for contempt is appropriate. If the order is that visitation shall be as agreed upon by the parents, then no, filing for contempt is not appropriate. I'm not disagreeing with LdiJ at this point - I'm just pointing out that we really don't have enough information to make definitive statements.

ETA: This is also important when telling the OP to simply go get the child. If there isn't a specific time mentioned, then it's not appropriate for the OP to just show up and demand his child.
Yes, but mom offered him a weekend and he asked whether or not he should actually exercise the weekend she offered him. I was telling him to exercise it.
 

Zigner

Senior Member, Non-Attorney
Yes, but mom offered him a weekend and he asked whether or not he should actually exercise the weekend she offered him. I was telling him to exercise it.
You are correct. The OP should worry less about legal maneuvering and more about seeing his son.
 

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