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gerardos8 · Nov 20, 2012, 09:30 AM

Well the judge gave us leagal joint custody and the baby is not to leave the state and the country without a court order we both live in California and she took my child to las vegas for the weekend on oct. 6 without notifyng me or the court I have proof and also she is not enforcing comunications with me and my daughter for the past 3 months I've called my baby about 250 time she won't answer and I have no idea what's going on in my babies life and she has to tell me everything that goes on in her life I have court next week do I have an argument.. and if I do what are the consequences that she has and what can I get out of it please get back to me as soon as possible...

ScottGem · Nov 20, 2012, 09:40 AM

You need to document all this and ask that she be held in contempt of court.

gerardos8 · Nov 20, 2012, 10:31 AM

Originally Posted by ScottGem

You need to document all this and ask that she be held in contempt of court.

Yes it will thank you so much... but what does contempt mean and.. does she really violate it even if it was for the weekend.. and with all I've written down that I have against her can I ask for primary custody of my child and will the judge grant it... right now I only see my daughter 2 weekends a month because she lives 80 miles away from me.. and is the law in my side... and how do I aproach the judge...

ScottGem · Nov 20, 2012, 10:35 AM

If the court order states that the baby is not to leave the state, then it is a violation of the court order. If it was only for a weekend the judge may be lenient or not.

It will probably take more than this to change custody.

You don't approach the judge. You file a petition with the court.

gerardos8 · Nov 20, 2012, 10:49 AM

Originally Posted by ScottGem

If the court order states that the baby is not to leave the state, then it is a violation of the court order. If it was only for a weekend the judge may be lenient or not.

It will probably take more than this to change custody.

You don't approach the judge. You file a petition with the court.

Well she also lied to the judge that she doesn't drive and has no way of bringing my baby so I'm picking her up.. she makes my baby call some else dad.. she doesn't aswer my call so I could talk to my baby, mocks me, makes fun of me, and she is not doing anything the court order says.. we have been to court more than 5 time now and the last time we went before we were to talk to the judge she told me to go (f) myself and I told the judge that and she was on the burge of granting me custody..

ScottGem · Nov 20, 2012, 10:59 AM

Just continue to document, but make sure you have proof not just accusations.

gerardos8 · Nov 20, 2012, 11:21 AM

Originally Posted by ScottGem

Just continue to document, but make sure you have proof not just accusations.

Well yesterday one of my friend gave me a copy of her Facebook postings that she is gong to las vegas and a pic. Of her and my child and what appears to be treasure island... and a text of her telling me that the father of our child is the one who is raising her witch means her boyfriend.. and last year she violated the court order by moving to a diff. county without notifyng me or the court but the judge gave me an option to do something but I didn't.. and that you have text of her picking up my daughter and pulling up in a car... I apoligize for so may questions

ScottGem · Nov 20, 2012, 12:09 PM

Do you have printouts of the Facebook pages and the texts?

How old is the child, by the way?

gerardos8 · Nov 20, 2012, 01:03 PM

Originally Posted by ScottGem

Do you have printouts of the Facebook pages and the texts?

How old is the child, btw?

Yes I do.. is it legal to show them in court... and on the trip to vegas the weekend I picked up our daughter.. she told me she went to las vegas when I was driving and saw a lot of lights and that's the first clue that I got otherwise I wouldn't have known anything.. our baby is going to be 3 yrs old on jan.

gerardos8 · Nov 20, 2012, 02:04 PM

Yes I do.. is it legal to show them in court... and on the trip to vegas the weekend I picked up our daughter.. she told me she went to las vegas when I was driving and saw a lot of lights and that's the first clue that I got otherwise I wouldn't have known anything.. our baby is going to be 3 yrs old on jan.

ScottGem · Nov 20, 2012, 02:36 PM

You will have to ask the judge politely if they would like to see your proofs. The testimony of your daughter you leave out.

gerardos8 · Nov 20, 2012, 03:28 PM

Originally Posted by ScottGem

You will have to ask the judge politely if they would like to see your proofs. The testimony of your daughter you leave out.

Can the judge and will the judge held her in contempt... so I have to ask her to held her in contempt.. and if she is held in contempt what happens to her if she's held in contempt.. what can the judge order..

dontknownuthin · Nov 20, 2012, 03:51 PM

When your child's mother went out of state with the minor child, against the court order, she broke the law. The court will not do anything about it unless they know about it. The way they find out about it is that you have your lawyer enter a petition for contempt of court, and give your lawyer all the proof you have so they can include this proof as "exhibits" to prove what you are accusing her of.

A Facebook photo or posting certainly can be presented to a judge - it happens a lot, in fact, because a lot of dumb people who do illegal things also are dumb enough to put pictures and proof of their dumb actions on Facebook.

Your attorney will write the petition and include your proof. The attorney will submit it to the court in advance of the date that they will appear on your behalf, or sometimes it is done on an emergency basis. They have to also give a copy of the petition to your child's mother's attorney if she has one, and if she doesn't have an attorney, it would be given to her directly. She is permitted to file a response - a written answer - to what you are accusing her of in the petition. Then both parties and the attorneys go to court, and the judge considers the whole situation and makes a decision.

It's hard to do this by yourself so you are best off having a lawyer do it for you. It seems like English may not be your primary language, so that's another reason to have a lawyer helping you out, to make sure that the judge understands what happened and what you are complaining about.

The judge can do a lot of different things. This kind of behavior can result in her losing custody, but that rarely happens the first time. He can send her to jail for a few days (not usually any longer than that - just long enough to make a point that she needs to respect the judge's orders in the future). He could order her to pay a fine. If you missed out on parenting time because she left, he could order her to give you make up time. It's hard to know what the judge will do without knowing the whole story of your case from the beginning.

It is important to file this petition because if she continues to do this kind of thing, you will want to be able to prove that there is a pattern and history of her violating court orders. When a parent shows a lot of disrespect for the court by not following court orders, they often will take the child away from that parent and give the child's custody to the other parent. The thing is though, the court does not know this is going on unless you tell them.

gerardos8 · Nov 20, 2012, 05:31 PM

But I already have court on the 28th for a follow up can I just bring everything up there without filling a pettition since a custody case is open already and court is next week.. and if so how would I go about and asking the judge all of this?

ScottGem · Nov 20, 2012, 07:37 PM

Do you have an attorney? A judge CAN find her in contempt, whether he will or not I can't tell. But whether you can present your evidence without filing a new petition or amendment I can't tell you. It depends on the court.

gerardos8 · Nov 20, 2012, 09:33 PM

Originally Posted by ScottGem

Do you have an attorney? A judge CAN find her in contempt, whether he will or not I can't tell. But whether you can present your evidence without filing a new petition or amendment I can't tell you. It depends on the court.

I have no attorney been doing this alone for close ti two years All I have is 2 pics of postings on Facebook and the txt messages..

ScottGem · Nov 21, 2012, 04:37 AM

I really can't give you much more advice. It sounds like the judge knows you and the case, so may be more open to being less formal as to procedures.

Good Luck and keep us posted.

cdad · Nov 21, 2012, 07:10 PM

When you had said you called over 250 times was that a typo on your part?