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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38773
Experience:  I provide family and divorce law advice to my clients in my firm.
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14 years ago custody of my child was given to the father and

Resolved Question:

14 years ago custody of my child was given to the father and I was not supposed to have contact with the child. The child wants to see me now. he's almost 16 and the father is okay with it. is this okay and what happens to me if the court order from 14 years ago is saying I'm not supposed have contact. Drugs were involved yrs ago but not anymore for yrs now
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

Just to be clear, there i a formal 'no contact' order in place that now bars you from seeing the child, is that correct?
Customer: replied 1 year ago.
Yes. It says other orders mother have no contact with the minor. He wants to see me and after leaving years ago because of drugs(I haven't done any drugs for years, the order is from 1999)I don't want to tell him that he has to wait. But I don't want to go to jail for this, if that is even possible. Father has seen me and knows I am doing well.
Expert:  Dimitry K., Esq. replied 1 year ago.

Rebecca,

Thank you for your follow-up. Please allow me to provide you with the options here so you can make the best determination for yourself going forward.

1. This order is still valid and still binding. Should you see the child and someone reports you, it would be contempt of court order and you could be pursued criminally by the state. Hence, it is a very serious and a very legitimate risk.

2. If the only parties who would be there are your son, you, and your ex, then only they could potentially report you. If you trust them, then be aware that you are quite literally giving them the power to send you to jail if they decide to file against you.

3. Physical contact is the only thing that is truly forbidden. There are compromises that could keep you from violating the order but give you contact. Perhaps you can pursue communication via Skype or other camera software if you wish to see one another--that, technically, may be 'contact', but not if that contact was initiated by the other party.

4. It may simply be wiser to go to court and file a motion to set aside the 'no-contact' order first. Ask your ex to likewise NOT contest (which he would choose to not do), and then you could be in touch with your child without all these worries and concerns.

Good luck.

Customer: replied 1 year ago.
Thankyou. I agree that it is best for me to just go to the courthouse and just have to wait to see him and hopefully he understands. I didn't expect him to want to see me so soon. Did I sign up for a monthly fee or did I pay a one time only fee? I don't know who to ask.
Expert:  Dimitry K., Esq. replied 1 year ago.

Rebecca,

You are most welcome. Glad that we concur on the fact that removing the order is the most prudent course.

As for your plan with the site, that I cannot tell you as I am not a moderator. I can forward you to them so they can check for you. Otherwise, if satisfied, please do not forget to positively rate my answers to you so I can obtain credit for my work.

Thank you!

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38773
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.