Because of my national guard drills once a month my ex and I have to be flexible when it comes to getting my daughter twice a month, well I was supposed to get her dropped off to me on a wed during spring break and have her until Saturday when I was to drop her off. Well my ex called 2 hours before she was supposed to drop her off and told me that I had to pick her up and that she wanted her back Friday instead, I told her this was not right, she agreed to something she should stick to it, I could go pick her up but I still wanted to keep her until Saturday. She said no and I said that I would try and settle this through the lawyer because she does these things from time to time and I have had enough. What I want to know is, do I have a case I can win? She denied me the whole time and said tough then, and then I didn't get her for two more weeks. Does this count as contempt?

You can take her back to court and get a firm order to have specific weekends, if you then can't do them, you lose your visit, on those weekends she has to.

On one weekend denied, no the judge will only warn her at most, most likely just tell the two of you to work it out or to merely follow the formal order exactly

Quote:

---

Originally Posted by James Sterk

because of my national gaurd drills once a month my ex and i have to be flexible when it comes to getting my daughter twice a month, well i was supposed to get her dropped off to me on a wed during spring break and have her untill saturday when i was to drop her off. well my ex called 2 hours before she was supposed to drop her off and told me that i had to pick her up and that she wanted her back friday instead, i told her this was not right, she agreed to something she should stick to it, i could go pick her up but i still wanted to keep her untill saturday. she said no and i said that i would try and settle this through the lawyer because she does these things from time to time and i have had enough. what i want to know is, do i have a case i can win? she denied me the whole time and said tough then, and then i didn't get her for two more weeks. does this count as contempt?

---

Putting your two posts together - and you questioned if you quit your job and went back to school if and why you would still have to pay child support - I suspect that your ex's failure to cooperate may have some basis in her mind.

And, certainly, you can go back to Court and see if you can get her held in contempt - just be aware that the whole child support issue is also going to surface there.

Quote:

---

Originally Posted by James Sterk

my ex and i have to be flexible when it comes to getting my daughter twice a month, ........she wanted her back friday instead, i told her this was not right, she agreed to something she should stick to it, i could go pick her up but i still wanted to keep her untill saturday. she said no and i said that i would try and settle this through the lawyer .......... she denied me the whole time and said tough then

---

To me, it sounds like the flexibility broke down on your end. She seems to have been fairly flexible in accommodating your schedule. For what ever reason, something came up that she wanted some flexibility back from you... and that set the whole dispute into motion.

When you say things like "I'll let the lawyer settle this..." that would only serve to shut off any further communication.

Sorry, man, I know it is not easy but the flexibility needs to go both ways... and I'm not a man hater... I am a divorced dad as well and know how it feels to have my ex act like my ideas are terrible when I suggest them only to wait a few months when she considers the very same thing to be her idea, and then suddenly it is a wonderful plan.

Contempt is where someone is alleged to have willfully violated a court order. If she had any discretion at all, contempt will be very difficult to prove. You may want to have the custody award modified to give you defined visitation, but that may mean no flexibility going forward.