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My stepdaughters mother has greater than 6 reports

demonstrating contempt of court order...
My stepdaughters mother has greater than 6 reports demonstrating contempt of court order and one interstate custodial interference here in GA. What is the most likely outcome of a contempt charge?
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Answered in 3 minutes by:
3/19/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What is she doing that constitutes contempt?

When you say reports, are you talking about police reports?

Has she ever been before a judge for contempt before?

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Customer reply replied 4 months ago
she is not following the custody order. We have 6 police reports demonstrating contempt via withholding of the child and custodial interference. She has not been to a judge for contempt...we are gathering documents to file now.

Okay, thank you.

Contempt can be tricky to predict, because judges have so much discretion in deciding how or whether to punish someone. If this continues, she could go to jail, but that's not common for a first offense. The judge could, however, grant your husband additional days for each day that she refused to allow your husband to see the child.

Did the reports come from going over there with police to pick up the child?

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Some judges will just issue a warning for a first violation, but this isn't really a first violation. It's an ongoing pattern of behavior. So a warning doesn't seem likely.

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Customer reply replied 4 months ago
I am also protected by the order in regards ***** ***** One is witholding upon my pickup and the others the childs father. Problem is, she at time will allow the make up time, but takes his time and tells him when he can have her with or without his consent. In fact we have an email where she states she does not need his consent as she is giving him make up time.

Make sure the judge is aware of that. It doesn't sound like make-up time in this scenario is going to have any effect on her behavior.

Document any expenses associated with her refusing custody. That can include if he goes to pick her up and she says no - he can ask for mileage. It may add up. The judge can order her to pay that. She can also be charged interest if she doesn't pay. And he can ask that she be required to pay a penalty for each time he missed out entirely or wasn't allowed to spend the amount of time he should have gotten with her.

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You could request that she be ordered to attend counseling, if her behavior is motivated by animosity toward you and your husband (which it usually is). When that happens, it's sometimes possible to ask that your husband would get temporary custody until she completed however many sessions she was ordered to attend.

And he can always ask that he be given sole custody, under the circumstances. The judge usually wouldn't grant that without warning her a few times first, but you can still have the issue on the table so she knows it's possible. And the judge might surprise you. If she thinks she's at risk of losing custody entirely, it's possible that will encourage her to cooperate.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
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Customer reply replied 4 months ago
thank you very much! I truly appreciate your input!
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