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    Momma2One's Avatar
    Momma2One Posts: 2, Reputation: 1
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    #1

    Jul 4, 2012, 11:36 PM
    Not following custody agreement/ court agreement??
    I have primary custody of our little girl, my ex (her father) is supposed to get her every Wednesday 4:30-8 & every other weekend - Friday at 6 until Sunday at 6... since our court order has started, almost EVERY single time he has either been late or has not came to get her (not just 10 minutes late, 45 minutes or more) He now also has a new girlfriend, since he's been with her he's brought our daughter home 5 hours earlier on the weekend (no excuse, did not have a job at the time) & then skipped yet another weekend. I've already filed a petition for contempt of court but what could be the consequences be for him? Is there a possibility of his rights getting taken away if he keeps doing it?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 5, 2012, 03:33 AM
    No there is no possibility of his rights being taken away, especially over this. You cannot force a parent to be a parent. You can't force him to follow the visitation schedule, though you can refuse to have the child available when it is not his scheduled time.

    I doubt if your contempt request will even be heard. If you were not making the child available, you would be in contempt, but the court is not going to do anything about him being late or not showing up.

    So I would not advise you making plans while you expect your daughter to be with him.
    Momma2One's Avatar
    Momma2One Posts: 2, Reputation: 1
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    #3

    Jul 5, 2012, 06:13 PM
    I already have a court date for the 6th of August, they set me up with a hearing the day I filed the papers. He also got served the same day. I just want to know if I wasted my time or if something will be done about it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jul 5, 2012, 06:38 PM
    A court date does not mean it will be heard. The hearing was set up as a matter of formality. But if you are asking that he be held in contempt for not following through on the visitation schedule you won't get it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 5, 2012, 07:18 PM
    The judge may hear it, and you will have wasted your money, At best if your order asks for him to call before visit to confirm he is coming, or to take away one of the days, that may work.

    First you can't just take his rights away, does not happen, he is just not visiting, you can not require him to visit.
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