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Do you need an attorney to file contempt of court?

Baytown, TX |

my stepson's mom has moved and we have not been informed of the move. we have a court order that states we either be notified 60 days in advance or within 5 days of moving.

Attorney Answers 3


  1. You should contact the attorney who assisted with the prior court proceding

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  2. Contempt is a very detailed and fact specific action, and needs to be plead correctly. You should contact a lawyer immediately to assist you if you are serious about filing a Motion to Enforce.

    Any communication through the Avvo site with Portner Bond, PLLC or any individual member of the firm does not establish an attorney-client relationship. Any information given by Portner Bond, PLLC or any individual member of the firm through the Avvo site is general information and should not be relied on as legal advice. Confidential or time-sensitive information should be conducted in person with an attorney.


  3. I agree with the other attorneys.

    However, it appears that you have learned that Mom has moved. The first thing to do is for Dad to call, text or email her and ask for her new address. If she won't reply then contact her former landlord and see if the landlord knows her new address. I assume that you are attempting to find out where the child is now living so that you can pick up the child for visitation. Do some "detective work". Even if you hire an attorney, you are going to need to "serve" her with paperwork work to file a contempt action against her.

    If, however, you know where she is living with the child and you just want to file contempt on her for not properly notifying the Dad about moving, I woud think twice about spending your money. Most judges don't have the time to waste on technical violations. Most judges won't punish the Mom if she eventually notified Dad & he did not miss any visits with his children.

    I hope this helps. Good luck finding Mom & the kids -- which is what I assume is what you are trying to do.

    Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

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