Family Law Questions? Ask a Family Lawyer Online.
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You cannot ask for a change in custody in a contempt action. In simple terms a contempt action is to force a party to follow a court order that they are not following. IF he wants custody, he needs to file a Motion to Modify the final Order in the divorce case and lay out why he should have custody and how it is in the best interests of the children. Be prepared however that if he gets custody she will be in your lives more through the kids and her behavior will probably be worse. I hope this helps clarify.
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