Q: Can a custodial parent be held contempt of court if they fail to follow child court order in another state?
My child's Custodial parent moved to another state without court approval, and has failed to follow the court ordered visits and calls set by the courts and Judge. What's my legal rights or do I have any at this point ?
A: Unless there was a court order saying the parent couldn’t move, they can relocate. Now what orders normally say is that they need to give the other parent proper notice of their intent to move, and there’s usually a certain period of time listed regarding how much notice like 30 days. So if they were suppose to give you notice and did not, then the court could consider that contempt. If their move has caused your visitation to be denied, you could file a contempt action against them. Then you will need to prove the instances of contempt. And if their move makes it difficult for you to exercise the visitation you had, you may consider filing for a modification, because a contempt action alone without asking the court to modify the current order, won’t change your visitation. The court will only be looking at whether the custodial parent is in contempt or not.
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