Trying to understand how to request a order for show cause or go back before a judge.

Discussion in 'Child Custody & Visitation' started by latinmaxima, Apr 23, 2012.

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  1. latinmaxima

    latinmaxima New Member

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    I have primary custody of my two children. My ex wife during her last visitation with the children told them while i was on the phone with my oldest that she no longer wanted them. She screamed this at my oldest using cuss words. I picked them up immediately and told her if she in fact wanted them again after this visit we needed to go back to court. She verbally agreed and I have since been trying to find out how to process the motion to re visit the custody agreement from our divorce which determined all of this. The agreement discusses that neither party shall move without advising the court and other party as well as provide the information of the new address for purposes of knowing where my children are in case of an emergency. She has done neither and in addition is now verbally abusing my children. I have the rules and just lack the understanding of how to file the motion for order of show cause. Can anyone help. i have spoken to attorneys but because I live in one county and the case is in another county and she now lives in yet another county with an address I don't know the attorney wants $2000 up front to begin filing motions for a transfer to my county of residence since I have primary custody as well as travel and the trial dates. I simply don't have that. I have tried contacting the legal aid office only to sit on hold for hours and not have my call answered. is there anything that someone knows how to potentially file?

    Any advice is greatly appreciated. The issue is getting worse because now she feels the need to drive three hours to my county and call the police on me. They have advised her that she has to file the request in the county where the order is. I took off work and came to the county today but still can not get anything done. Please help!!!!
     
  2. shrinkmaster

    shrinkmaster Moderator

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    You can file a motion without an Attorney but, I dont recommend that. You can leave the vistation order as is. Just because NCP has vistation rights does not mean he/she has to use them only that he/she has visitation time available per court order.
     
  3. latinmaxima

    latinmaxima New Member

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    I may have left out the the description of why she is causing an issue now with the police. She wants to exercise her visitation now after this incident even though she stated otherwise when this instance happened. I want to protect my children from the unnecessary stress though.



    I spoke to legal aid in my area and they suggest that since she tells me one thing and tells police something entirely different to cause myself and kids distress my only option is to get an attorney if I already have custody. While I can't be arrested for denying her visitation unless a judge orders it, if I don't have the financial means to get an attorney I should wait til I do and if she wishes to press the issue further then allow her to incur the costs. My concern is while I may see the denial of visitation as a valid one and the reason for not addressing it with the court by filing a motion through an attorney due to my financial situation, won't a judge still view me at fault for preventing the visitation?
     
    Last edited: Apr 23, 2012
  4. shrinkmaster

    shrinkmaster Moderator

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    If you deny NCP their court ordered visitation you are in contempt
     
  5. latinmaxima

    latinmaxima New Member

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    I know that. That is my dilemma. After this specific instance and her verbally telling me at the time of the incident as well as the following visitation period, now she wants to retract her statement. I neeed to protect myself as well as my children from the emotional damage she is putting them through by acting like this with them. I don't care what she says to me but I do care about what she exposes the kids to. Is my only option to get a lawyer or can I just write a letter explaining the situation and my inability to gain legal council at this time and ask that we revisit the case under an order for show cause or simply go back to trial over this?
     
  6. shrinkmaster

    shrinkmaster Moderator

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    Other than the children possibly do you have witinesses to any of your accusations?
     
  7. army judge

    army judge Super Moderator

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    Until the court order is changed, don't make trouble for yourself by denying her the times and dates the court has allocated.
    Her alleged outburst is no reason to summarily deny her the visitation the court has decreed.
    If the safety of the children isn't an issue, you can't use her alleged outbursts against her in this way.
    If you can't get this before the court, keep doing what you've been ordered to do.
    Only the court, or child services can interrupt it ( and only for an emergency can they do it ).
    You need to go back to court, somehow.
     
  8. Proserpina

    Proserpina Moderator

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    And truly, one incident of this nature is not going to change anything. For the sake of the children, don't make a mountain out of what is essentially a molehill.
     
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  9. latinmaxima

    latinmaxima New Member

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    I agree with your advice. This is not the first time though. I guess I do what I need to as ordered for the time being.

    Sent from my SPH-D710 using Tapatalk 2
     
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