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What makes contempt joint custody in ny? For example?

Resolved Question:

What makes contempt joint custody in ny?
For example?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Contempt in family court can be anything that a party does against a Court's orders.

If a party does not follow the court's orders, the other party can bring a motion for contempt under §753(A)(3) of the Judiciary Law:

753. Power of courts to punish for civil contempts
A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases:
3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the nonpayment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court.
8. In any other case, where an attachment or any other proceeding to punish for a contempt, has been usually adopted and practiced in a court of record, to enforce a civil remedy of a party to an action or special proceeding in that court, or to protect the right of a party.


Punishment may range from admonishment (in minor cases) to fines or even imprisonment in cases of malicious/brazen/continuous contempt.

Contempt may be anything - such as refusing custody when it is the other party's turn, or, not paying child support, for example.

I hope this helps and clarifies. Of course, minor issues such as 'forgetting socks' are not contempt - this has to be a conscious decision to disregard a court order.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
Stip. Said, only " joint custody " , " joint decision making". She lived with me until last June. I have physical coustody and father had visitation, but I told her that " I can not live with her unless she change her behayvior . She lives with her father or her friends ( last few years, I can not control her because child and father lied where she is sleeping. I called police few times ). I have not seen her since last summer.

I want to know if I can go to court and asking full custody because I want her to have serious intensive therapy. But with joint custdy, father always interfere. I order to get me full custody, I first has to make "contempt " of court order.

I need to know what to list and how to list on petition. I will list what invents.

1. Child'(17yrs.)Facebook said, " was out of life of prostitution ". When emailed father asking about this, no response.

2. Father neglect child's welfare eat meal at home, supervising cell phone usage ( she has section, can not go to sleep that caused her refusing to go to school, called police ), giving her money, she started eating out junk food that caused bad self image, she stick hands and vormit, taking laxative, diet pills.

3. Father gave permission to stay out late with money. I had to call police to find her.

4. Father gave permission to live with friend's apt. Without adult supervision. I had to call police to find her. Even to police, father did not give her address.

5. 2009 child was brought to emergency room. She had migraine, her right eye was blowy, she vormitted because excessive usage of compute when she was in father's care. She was left alone with computer.

6. Last Sumer, child and I had an written agreement that she is going to intensive therapudic camp for 30 days, but father did not bring her back, and he enrolled another ballet camp.

7. Father gave child permission to say in his office anytime she wants instead of sending her to school. Her school record shows 24 absents.

8. 2010, father pretended that she was missing for 4 days while I was in Chicago. He did not pick up my calls after I sent her to his place by car car service. When i was in the way back in Chicago Air port, he asked me what car service I used, what driver looked like, what time.... And said, police is waiting in my house. He suggested me that she was already dead.

9. He did not talk to me regarding college education, she dropped out ballet school ( she had beed profecional ballet school and semi profecional ballet school For since she was 2 years old ).

10. Father did not inform me that child had injury that caused withdraw ballet school.

11. Father arranged sleep over friends house for last few years. Child started smoking. She was diagnosed asthma or bronchaitice, but he never stopped allow her to sleep over friend's hosuse. I had to call police to find her.

12. Father keep giving cell, iPhone after I asked not to give her because her usage of cell became diction, she could not go to sleep that caused refusing to go to school. I took devises few times, she keep getting from father. He never deplane her.

These are few out of many invents. How can I make petition for contempt?
Expert:  Ely replied 1 year ago.
I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply or rate at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing family law for 19+ years and look forward to assisting you.

With regard to your post: There does not necessarily appear to be contempt, since you don't indicate that your decree or order mandated any particular actions on the part of the father - as such, it is usually not possible to successfully claim he violated a court order, since you don't indicate that he violated (failed to obey) the court order's specifics.

Now, if you have joint custody currently, you CAN seek to have sole custody with visitation in the father. You do not have to prove contempt - you need to show that the current arrangment isn't in the child's best interest and that sole custody in YOU is in her best interests. As such, you may want to assert (and provide as much proof as possible) of all the ways in which dad's joint parenting decisions, actions, judgment has been poor and not healthy for your daughter. In other words, show how the situation has changed since that last joint custody order was issued - based on his behaviors and her progress or lack thereof. Here is some more on that.

If you can get her evaluated by an appropriate mental health doctor whose opinion is that she needs intensive therapy and/or that dad's home life is contrary to her needs, that can help if you attach that report. If you can't get that, you can add to your Motion for Sole Custody, the additional motion request that the child be evaluated by a psychologist and/or that the two of you be evaluated to determine who may be best custodian. If school grades have gone down SINCE she left your care and started living with him, that can be helpful proof also that things are not going so well, same thing with school discipline and the like. Her teachers may have experiences with the father that are not complimentary to him, and may be willing to provide an affidavit and/or testify.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 1 year ago.
Thank you for answer. My goal is getting court order for child to go to intensive therapudic camp for 30-40 days ( require at least ) before she reach to 18 in December.

I can not live with her unless she get help. I tried last few years, taking her to therapys, hireling personal trainer, private lessons, taking her to special classes such as yoga.. Etc.. same time, father is spoiling my effort, never encouraged her to have healthy life style.

Asking sole costudy is for the reason. Past few years, because father never decipline her , but guided living bad life style, I could not help her. She learned child's right. She did not understand that she is hurting herself. She can only saved by going to profecional care, such as place that I found, talking to children who go throght same experience, carrying same anger.

Asking petition for contempt because when i went to family court, judge said, ",,,.. There is better way...but she can not give me a advise... "So that is why I am makikng petition for contempt.

Is any more advise for me?
Petition and motion same?
Full custdy and sole custdy same?
Expert:  AlexiaEsq. replied 1 year ago.
Who told you to file a Motion for Contempt? If he hasn't disobeyed a court order, he generally can not be held in contempt, unfortunately. What you seem to want is a Motion for a Modification of Custody. As you can see from my link above, NY courts tell you what it entails. You may want to consider reading what they say. Being a poor father is not the same as acting in Contempt of a Court Order.


Is any more advise for me? Unfortunately, not being your attorney, I can not give you advice, I can only give you legal information you may use to better direct yourself to learn your options.
Petition and motion same? Yes.
Full custdy and sole custdy same? Different courts use different terms, but yes, they would typically be the same. The person with the decision making power, instead of it being held equally in two persons (such as joint custody).


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 1 year ago.
Okay, then what makes "contempt of joint decition making custody"? Can you give few example?
Expert:  AlexiaEsq. replied 1 year ago.
Contempt means to fail to obey the court order, wilfully. So, if a court order, said, for instance, you must confer with the other parent when changing child's residence, arguably when he allowed her to move to her friend's apartment, he was violating that order. Also, arguably, depending on how your Order is worded, it may not have to expressly discuss IF the child is moved, as that may be part and parcel to "decisions" of magnitude, concerning the child.

But you see, usually the order of petitioning, prior to that of Contempt, particularly if the Order is not very express or detailed in its terms, is to petition for Enforcement of the Order (or clarification). Then, once the Judge orders him to do XYZ specifically, and he then fails again, then one can more easily (more likely to be successful) file a motion to have himheld in contempt and for sanctions. However, as I am trying to expain above, one doesn't NEED to prove contempt, to get a change in custody. So while I'd explain the father's wayward behavior and overt acts of NOT working amicably with you for the betterment of your daughter, in support of my petition for a change in custody (since THAT is what you want, right? Why divert by going trying to get a contempt (which is not the same as getting a change in custody)? Or, if you want to, make it a petition/motion for BOTH requests - contempt and change in custody. If you don't win the contempt, you may not care, since your goal is the custody, right?.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11837
Experience: 19+ Years of Legal Practice in Family law matters.
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