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Contempt of court order and custody.


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#1 worriedmommy25

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Posted 02 May 2013 - 03:23 PM

I have been divorced from my child's father for going on 6 years. In our decree we have stated "no overnight visitors of the opposite sex unless married". Over the years he has had two different women live with him without being married. Which did not bother me because I trusted his judgment. Now here is the fun part...A year and a half ago my first husband (my other child's father) and I rekindled our relationship, and we have been living together for the past 8 months. We are getting remarried in 4 weeks. I told my daughter's dad today my good news and now he is threatening to take me to court for custody due to contempt of court order. Evidently he believed we were already married (he never asked). Can he take my daughter away from me over this?? Other than this there is NOTHING that he can say that would "prove me unfit" I work full time, she is WELL took care of, never misses school... Please help 



#2 pg1067

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Posted 03 May 2013 - 06:12 AM

Evidently he believed we were already married (he never asked). 

 

And you never told, right?

 

 

 

Can he take my daughter away from me over this?

 

You did violate the order, right? On the other hand, it doesn't appear that either of you gave a flying *@#! about this particular provision (which makes me wonder why you included it in the first place).  Obviously, he can't "take [her] away" without a court order, and he certainly can ask that the court hold you in contempt.  Whether the judge will do that is anyone's guess, but I think it's awfully unlikely that the court would order a change of custody unless there are compelling facts that warrant such extreme action.  Keep in mind that, if you're getting married in four weeks, it's unlikely that the matter will be decided before then.

 

If he actually follows through on this threat, you should consult with a local family law attorney.



#3 Guest_FindLaw_Amir_*

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Posted 03 May 2013 - 07:27 AM

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child. To learn more about this topic, visit the Family Law Center and read read Child Custody as a good resource. For further clarification on your specific situation, you may consult with a local Georgia Family Law Lawyer.



#4 worriedmommy25

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Posted 03 May 2013 - 08:08 AM

And you never told, right?

 

 

 


 

You did violate the order, right? On the other hand, it doesn't appear that either of you gave a flying *@#! about this particular provision (which makes me wonder why you included it in the first place).  Obviously, he can't "take [her] away" without a court order, and he certainly can ask that the court hold you in contempt.  Whether the judge will do that is anyone's guess, but I think it's awfully unlikely that the court would order a change of custody unless there are compelling facts that warrant such extreme action.  Keep in mind that, if you're getting married in four weeks, it's unlikely that the matter will be decided before then.

 

If he actually follows through on this threat, you should consult with a local family law attorney.

No I did not call him up and say "hey my son's dad and I are living together". I honestly didn't see where it mattered since he had had two different women move in with him over the past few years. We do not talk with each other about our personal lives. Our conversations have only been about our daughter...doctor appointments, school stuff, ect. He knew that we were living together and assumed that we were married. As to why it was included in the first place I think it is the standard thing to do around here. I was young when our divorce took place and didn't really think that I would ever be in the situation that I am in now. Our daughter is in a loving, safe, and stable environment and I have done nothing else that could be considered "unfit". I am aware that he cannot just come in and "take" her and that it will have to be done through the court system. I am also aware that I am in contempt of our order. I guess my main concern is could he get custody of her because I am in contempt even when he has done the same thing himself in the past? Thank you for all of your input, it is greatly appreciated!



#5 pg1067

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Posted 03 May 2013 - 10:24 AM

No I did not call him up and say "hey my son's dad and I are living together". I honestly didn't see where it mattered since he had had two different women move in with him over the past few years.

 

Hence my speculation that neither of you cared about this particular provision to begin with.  Nevertheless, just because he violated the order in the past doesn't mean you had license to do so.

 

 

 

We do not talk with each other about our personal lives.

 

Understandalbe.  However, since you had a provision in your divorce decree about this, one would expect some discussion.

 

To be frank, if I were a judge and this came before me, and assuming no othere relevant facts than what you've disclosed in your post, I would modify the decree going forward to remove the provision in question, ask both of you if there are other provisions in the decree that neither of you care about and which could be excised, and admonish both of you about wasting the court's time in the future on trivial, petty disputes.  On the other hand, the southern states are not well known for their progressive thinking regarding domestic matters, so it's really impossible for me to predict what might happen if your ex made a real stink about this.



#6 tranlawfirm

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Posted 13 June 2013 - 07:14 PM

The answer depends on the state you're in, but your best bet is to seek advice from a local family lawyer. Yes, he could seek to hold you in contempt, as my colleagues have stated, because you violated the order. You can wait and see if he's going to go through with his threat, or you can contact a family lawyer right now to find out what your options are. Best of luck.


---------------
Tina Tran, Esq. is licensed to practice law in the State of California. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship with Tina Tran, Esq. To schedule a consultation, please call (925) 357-0431. www.tinatranlaw.com Thank you.
 
 




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