I have joint legal custody of both of my children but my ex has physical custody. She refuses to follow the court order regarding the children. She wont talk to me except by email. My oldest son was in grade school and frequently absent (more than 22 times in the first half of the yr), the school lunches weren't getting paid for, the children arent being clothed properly and my school age child has behavioral issues. The school referred this case to a social worker for neglect because she refused to talk to the school as to my son's issues. In an attempt to avoid prosecution of neglect she took him out of school and placed him in home school without consulting me and now refuses to talk about it. When we go to court for her contempt is it poss for them to award me full physical custody?
My lawyer will be filing contempt against my ex and a motion for custody modification. I am just asking to find out what my chances are to get the kids given that I have followed the rules, played by her rules and tried to work this out without resolution. Additionally I pay my support on time every month and keep as much contact as the court awarded by phone as possible with my children.
Since you already have an attorney, you should direct this question to him/her. But for the most part, show causing a party for failing to comply with a current order of the court is a good strategy to use when asking a court to amend a current custody order.
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Criminal Defense Attorney
You have indicated that you have a lawyer, and any question that you have should be directed to that lawyer.
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I agree with the answers of my distinguished colleagues. Retain local counsel to represent you in this matter. Good luck.
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