How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RobertJDFL Your Own Question
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13509
Experience:  Experienced in multiple areas of the law.
Type Your Family Law Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

Ex has violated several parts of final divorce degree. Minor

This answer was rated:

Ex has violated several parts of final divorce degree. Minor stuff but can I file contempt of court charges? didn't trasnfer assets by date outlined in document. didn't maintain a telephone landline as required by agreement. These seem like petty things but do judges look at them like contempt or like petty bs? I would be asking for more custody (more days, we have joint custody). What do you think?
Thank you for your question.

This is purely my opinion based on experience with family law judges - most would prefer that parties try to resolve issues among themselves instead of trying to immediately run to court anytime something happens, especially where the issues are minor. I've actually had a judge say that to the parties on the record in a case, in fact.

That said, if your ex failed to do these things, then they are still in violation of the agreement and your remedy remains the right to file contempt charges. However, if these are the types of violations, I would not expect a judge to award you more custody as a result. For a first time contempt action, the judge will probably give him a serious tongue lashing, probably make him pay your attorney fees for having to bring the motion, and maybe (and that's a big maybe) fine him. That's it.

If these were serious infractions - he was refusing to return your minor child(ren) to you, for example - then I think you would have a stronger argument for more custody, but something like not maintaining a land-line or not transferring assets timely won't get you there.
RobertJDFL and other Family Law Specialists are ready to help you

Related Family Law Questions