Family Law Questions? Ask a Family Lawyer Online.
Good evening. I'll be assisting you with your question.
If you are seeking contempt for your ex's failure to follow the custody order, you have to include a request for some penalty for failure to do so. If you don't, there is very little incentive for your ex to not continue to violate the order.
Ok - what is a customary penalty for failure to allow visitation?
As such, you will need to ask for monetary sanctions or jail time.
Fines and jail time are customary.
Also, you could ask the court to alter the custody order, if things are bad enough. Judges really don't like it when someone ignores their orders.
ok, thank you.
How so - what alterations could I ask for the Judge to do re: the custody order?
More time, designated drop off place and time.
This is helpful - thank you.
Glad I could help.
Can I do anything else for you?
Additionally, My ex has scheduled extra-curricular activities for our child for every weekend - which cuts into my time as well.
But now she is setting me up as the "bad guy" to have to change activities that she has sold as "exciting and fun" for her daughter. All the time, trying to reduce my time with her and alienate me from my daughter.
I dont want to be the bad guy - but I do want to spend as much time as I can with my daughter -
I understand. If you can't take over the extracurricular activities, you should include that in your motion since it has the effect of invading your scheduled time.
ok - will do
Thank you, XXXXX XXXXX suggestions you have?
Can I help you with anything else?
No, that's about all I can think of on this.
I would really like to be in a position to just be able to visit with my daughter and not have to fight over this in court
Ok - thank you very much for your help
I understand. Sadly, it takes both parties to be on the same page on that.
yes, that is so true
One more question
Sure, go ahead.
My ex and I often share emails / text messages and (very few) phone calls re: post divorce stuff including visitation. She often ends up calling me all sorts of names and has shared some of the emails, text messages and details of the divorce hearing (only her side of course) with our minor daughter.
Is there any way to address this in a contempt / request to cease and desist for the sake of our daughter?
That is a really tricky issue to deal with. Judges are usually hesitant to get involved with regulating conversations, since that may require them to decide what's an OK conversation, and what's not. That said, I've seen judges address one party making disparaging remarks to the child by the other party. It's just such a fine line. As with many family law issues, it largely comes down to the judge.
Ok, thank you, XXXXX XXXXX
Thank you for the help you have provided tonight.
I'm really glad I could help you.
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