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My ex husband is filing a motion for contempt on me because…

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My ex husband is filing...
My ex husband is filing a motion for contempt on me because I've moved out of the state I was in (GA) without informing the courts because I was unaware of these. I'm the custodian parent but we share 50/50 responsibility for them. I decided I'm just going to move back. My six year old is enrolled in Kindergarten in (STL MO). So I would have to unroll her from that school to move back and enroll her again. Any advice is more than welcome ???
Submitted: 3 months ago.Category: Family Law
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3/23/2018
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,291
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
Okay
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks so much for your patience. So, contempt of court occurs when there has been a valid court order entered, but a party is not complying with the order in some material way. A contempt proceeding is not to be ta***** *****ghtly. It is a quasi-criminal proceeding with a formal hearing, the taking of evidence and examination of witnesses. The accused may also have the right to be appointed an attorney by the Court.

If your ex is filing a motion for contempt, the wisest thing to do would be to either a) fight the contempt motion by filing an opposition and explaining the reasons why; b) fight the contempt motion by explaining that you did not willfully violate the order; or c) you should return the child back to GA as soon as possible and then file an answer to the motion stating that you have returned and there is no reason for the judge to issue any sanctions.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
How do I file a opposition? And that's basically explaining why I moved.
Customer reply replied 3 months ago
even though I've moved already can I still file a petition to relocate?
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Sure. What I would recommend doing first is coming up with 3 or 4 good reasons why you moved, and make them consistent with it being in the best interests of your child, because that is what the court is going to want. Once you do that, use the attached 28-line pleading paper and provide a timeline and then put your reasons for moving within it.

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Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

And yes, you can still file your petition to relocate as well even though you've already moved.

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Customer reply replied 3 months ago
A time line for what? Or a timeline of what?
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry; I meant a timeline of what lead to you leaving the state and including the reasons why you left.

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Customer reply replied 3 months ago
Okay and who do I give this too and how?
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

When you have your opposition ready and after you file it in the county where the contempt action was filed, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the document on the other party. Service is required for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

The magistrate will review the documents and either a) call a hearing to have you make oral arguments or b) make a decision without a hearing. Also, you’ll be notified of the magistrate’s decision in writing.

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Customer reply replied 3 months ago
Can i mail it into Florida being I'm not in the state and he hasn't filed anything yet
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

You'll have to check with the county court where the action was filed, but usually yes, you can mail it in. If that doesn't work, you can mail it to a friend who can file it in person for you:-)

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Customer reply replied 3 months ago
I don't know anyone in fl but him
Customer reply replied 3 months ago
mailing is my only option I think
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see. Well, if you go to www.thumbtack.com, you can find a process server whose job it is to file and serve documents with the court. Usually, it's about 50 bucks to do so. It'll save you a lot of time and money and I use it myself. Yelp.com will also work, too.

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Customer reply replied 3 months ago
okay do you reside in florida?
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

I wish I did, but I'm out in California.

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Customer reply replied 3 months ago
What would be the smarter move because I've found two jobs here to stabilize my kids. I've moved three times can he make a case of that. Should I go back or should I stay moved and explain why I moved.
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

That's really going to be a tough call. I couldn't answer that for you; however, I think if you consider what is best for the kids, then you'll be thinking about what the court would be thinking. The court is not going to think about what is best for you or best for the other parent, but they will be thinking about whether the kids being moved is good. If you can think in those terms, then you'll find your answer.

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