contempt?

[jlewis405]

What is the consequence for being found in contempt? My x and I just settled on an agreement and everything is in black and white. The problem is, he doesn't have a stable home so his visitations are to be conducted at his gradmothers house until our daughter is 12 months. He has had 2 visitations and both times have taken off with her. My attorney says I can file to hold him in contempt, and he will be fined, possibly put on probation as well as pay my attorney fees. Is there anyone who has been in a similar situation who can tell me the outcome I would apprecitate it. Or someone to let me know what to expect...thanks

 

[Duranie]

If the decree specifically states that he is not allowed to leave grandmas house with the baby, then technically he is in contempt. Do you fear for the child? Where is he taking the child?

You can always petition that he pay your legal fees but it is not guaranteed. if he has no income then your attorney might not go for that.

Why is grandma letting him leave with the child? If anything, maybe you can file that you want to change the visititation place.

I am not sure if he will be fined since he is not doing anything criminal but he might face a handslap by the judge.

 

[jlewis405]

It states that the vistitation is to be conducted at the grandmothers home from 8:30am-6:30pm. I am aware I can't hold him accountable if he runs to the store for 30mins but that isnt the case. He will not tell me where he is at with our 5 month old, he just states that on his days he will do what he wants with her. No, I don't believe that he would intitionaly harm her but he has only been around her for a total of 24hrs her whole life. I feel more comfortable with him at his grandmothers so that she is able to give him assistance with her. My attorneys said that if he is found guilty he will have to pay my attorney fees. He is telling his granmother that he has something different, even though that is not the case there is only one decree. I thought that he was doing something criminal by breaking a court order? The big deal is we just done this on the 8th!! Since the visitation was a little unusual the judge had him testify to his agreement about these arrangements. He also has our daughter around his girlfriend, which is a small issue but in the decree it states to not expose our child to a sexual relationship unless that person is your spouse. Is there a consequence for this?

 

[Duranie]

You might have a case about him leaving the house with the child, BUT I would back off the girlfriend thing. He is not having sex with her in front of the child (hopefully) nor is the child staying the night at his house. To have a clause like that in visitation when overnights are not happening is a little unusual. If he stays with this woman she eventually is going to be around, same with you. Any guy you date is a potential step father.

So I guess you need to decide if it is worth taking this to an attorney. Show Grandma the decree that states he is not to leave the house with her.

Breaking a court order is not criminal per say which means he won't be arrested for contempt of a family court decree, but he could face a handslap or revocation of visitation by a judge.