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My husband was separated about two years ago. They had already

discussed divorce when I met...
My husband was separated about two years ago. They had already discussed divorce when I met him. Him and I have been together since about 2 months previous to his divorce being finalized, some people would think I was a mistress, others would understand that it was a process that was already occurring, but either way- that is not the issue... except to his ex-wife. Even though she admitted to dating men during those last few months, she found out about me about me and has had nothing but vengeance since. She takes most of everything out on his relationship with his children because she is custodial parent. Each visitation is a drama session that we actually regularly have the sheriff attend for easy transfer of the children and so they don't need to see her act out and start screaming, etc... This has been going on since two weeks after the divorce was finalized. She has already been held in contempt for her alienating behavior, and now we have another contempt motion pending for the same exact behavior... First question is- we already turned in the motion for contempt with the requested penalties of asking her to be required to have anger management and counseling. We would like to amend the request for penalty to changing custody since her behavior is clearly not in the best interest of the children (the Judge stated at the last contempt hearing that her behavior was "the most egregious behavior she has seen in her courtroom to date") What do we need to file to have the penalty amended? The hearing is scheduled for December 2013 so we have time. Second question: Can they even make that determination in a contempt motion? Or do I need to file a different parenting plan adjustment request?
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10/11/2013
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

 

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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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
Verified
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GeorgetownLawyr
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
12,049 Satisfied Customers
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti

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