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Was servered papers for contempt of court and parenting plan modification but didn't respond.

Asked 4 months ago - Seattle, WA

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Was servered papers for contempt of court and parenting plan modification but didn't respond. What will happen when I show up to court?

Attorney answers (3)

  1. Contributor Level 15

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    Answered January 22, 2013 13:38. If you had a good reason for not responding on time, like late/improper service or a medical emergency, ask the other party's attorney for a continuance so you can respond properly. If you simply didn't do it, you can still ask them, and if they don't agree ask the commissioner at the hearing, but be prepared for the answer to be no and to have to go forward. Here's an informational packet about responding to a contempt motion, which is intended for full response but has information about preparing for the hearing which may be useful: http://www.washingtonlawhelp.org/files/C9D2EA3F...

    That site also has packets on responding to petitions for parenting plan modifications, but the correct one depends on whether this is a parentage case or a dissolution case.

    Avvo answers are attorney opinions offered for informational purposes only, and should not be relied upon as legal... more
  2. Contributor Level 20

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    Answered January 22, 2013 14:09. You should consult with a local family law atty. Contempt is quasi criminal with penalties. At least get some advice from someone who practices before the court where this case is, even if you cant hire them to fully represent you.

  3. Pro

    Contributor Level 18

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    Answered January 22, 2013 18:00. The rules require a response under oath and in writing. No testimony is normally allowed. Nevertheless, make sure you show up and either try to make an argument in support of your position, or ask for a continuance to allow you to respond. You'd better have a good excuse. See my AVVO Legal Guides on motions for contempt for more information about the legal issues raised by your inquiry. To find my Legal Guides, go the AVVO website at www.AVVO.com; click on “Find a Lawyer”; get to my AVVO home page by clicking on my name or photo; when you get to my AVVO home page scroll down to "Contributions" and then click "Legal Guides." You will get a list of the 29 Legal Guides I have published on AVVO. Scroll down this list and select the topics that are relevant to your question. You may also want to schedule a free ½ hour consultation with me by calling my office at 253-815-8440.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more

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