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.
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