Q: Need ADvice on Contempt CUstody Case
We have filed the mother in contempt of scheduled parenting time as well as in contempt of the legal custody order, as well as a modification for additional parenting time. The mother had her daughter illegally record her father without his consent or knowledge in our vehicle after she behaved poorly on a day out in Boston, and was caught doing inappropriate things on her phone. The mother states she will not send her daughter until he goes to counseling with her, even though the judge has advised counseling is not covered by the insurance he provides so it is not mandated. The mother has not sent her on since 7/30, for her weekly Sunday parenting time with us. The father has enrolled in a court approved coparenting and separation course and completed it to show he is serious; even though it is not court mandated. In addition he emailed the school as the mother does not have him listed as being her father, and emailed the health insurance carrier that we supply for her for her records
A: Hello, does your husband have joint legal custody currently? If so he should be able to obtain medical and school information. As far as the Contempt goes, it appears that visits have been withheld and unless there is danger to the child alleged as a reason for withholding same, the Court will not take the noncompliance lightly. If you have counsel the Court can order payment of your counsel fees to you if Contempt is found to have occurred.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
