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What are grounds for getting charges expunged specifically contempt of court, and getting custody of our child.

Irvine, CA |

I have recently successfully won a contempt hearing regarding my to be ex wife she was found guilty on multiple counts of contempt. My question is can she in the future get the contempt charges expunged from her criminal record. She was charged with 8 counts, through a fully noticed trial in family court. Also what are my chances of getting 50% custody now with the conviction. The reason I went ahead is because she is not and never will be willing to be civil or mediate any custody, this was my only chance to tip the scales in my favor for once.

Attorney Answers 1

Posted

A contempt adjudication does not create a record of a "cfriminal conviction", so there's nothing to "expunge". Whether or not you can obtain a 50/50 custodial time-share will havwe very little to do with the contempt proceeding, and much more to do with the children's best interests. One of the things a court is going to have to consider in making a 50/50 custody order is the extent to which the parents can cooperate regarding parenting, which, right now, doesn't sound like it's very much.

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So even though She is found guilty of contempt (not giving me my court ordered visitations), I am still stuck in the same spot I was before because she doesn't want to mediate and bring this to an end? I thought once the contempt goes through its considered a change in circumstances and the court will have to intervene?

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