How much trouble for contempt charge involving a child visitation order?

Question

A good friends daughter has custody of a child. For the last 5 years she has sent the child to visit her grandmother for most of the summer. The problem is that the daughters ex is supposed to get a six week visit in the summer with the child. How much trouble is the daughter in for contempt of court, and should she even consider going to court without an attorney? Also, the father has had another child removed from his custody by child protective services, this doesn't negate the contempt but can an attorney use this to help her situation?

Answer 1

If she is called to court, it is in her best interest to go, to avoid getting in trouble.  If it is legally in writing that the father is supposed to have the daughter for those six weeks, then she is legally supposed to allow him to have her.

Your friend probably feels that it isn't in the best interest of the child to let her father have her, being that he has had the run in with CPS.  I would agree.  But, this is where your friend needs to talk to an atty. to find out where she stands with the visitation.  I think she could stand a chance by filing something with the legal system in attempt for the father not to get the full visitation.  Since, he has been in trouble before, it won't look good on his record, which will be taken into account.  Your friend does need to do all of this legally, to make it stick.  Also, the court will take into account the relationship with the father, and how often he really does see her. If your friend goes to court trying to get no visitation for him then she has got to come up with some good reasons.  Example, does he drink, drugs, able to take care of the daughter properly, does she have a place to sleep at his place, etc.....   The court will look into all of that stuff.  If anything, the court might want to try supervised visits.  Its very nerve wrecking, but she has to fight for what she feels fit for her child.  I wish her the best of luck.  But, yes, she should have a lawyer to get the best out of this situation.  Good Luck!

Answer 2

The courts usually take both parents past into consideration when a child is involved. If the father hasn't bothered to see his child for 5 years, how can he be taken seriously now?

But comtempt of court is what it is. She should be prepared with his history and have an attorney if she is in deep. I've dealt with my ex for 11 years in FOC, I've never needed an attorney, but he has had one as he is the one in trouble all the time. Good luck to your friend.

Answer 3

It is hard to say how much trouble she will be in. She might just get a fine, or she might be arrested. It depends on the state's family laws and how tough the judge is.

The mother should definitely get a lawyer, especially since she is facing criminal charges now. A lawyer might be able to get the charges reduced, or a lighter sentence, but the father's past probably won't help.