Q: Hearing 12/3 to transfer custody issues to KY; can I add contempt?
I apologize if this was answered, I can't find the original question. I'm informed of a hearing 12/3 to transfer custody/visitation to KY where I live. He had 30 days to transfer retirement assets (it's day 36) and I have documentation that he's playing around with this "I'll do it if you do this". Can I file a contempt order for the 12/3 hearing? Notice came yesterday. ty.
A:
I do not practice law in KY or VA and am not qualified to provide an authoritative answer. However, I have been practicing divorce law in IL for over 40 years and would like to make a general comment.
All states and local courts have rules that set time limits for notifying the other side of any motions you wish to bring. You must know how many days notice are required and act accordingly. The way I read your question, you had a total of seven days (the 26th to the 3rd) to work with. However, non-court days are typically excluded, so you may have had only four actual days to prepare your motion and serve your notice. I regret the delay in answering your question, but I believe you must book your motion for another date.
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