My ex wife was incarcerated for a long time with minimal visits per year. Nothing stated about phone calls. She has been released and is trying to hold me in contempt of court for not allowing visitation with our daughter.
I have informed her to take this through the proper channels but her argument is I am prohibiting visits and alienating her from our daughter. That she has a right to see her per the court order.
I have a court order with an addendum. No parenting plan in place but it does allow for visitation while incarcerated. It specifically states she will go to court upon her release. My ex states that it will take too long through court and she has rights to visits per the order.
Am I in contempt for not allowing visits or phone calls?
Without examining the specific content of the most recent Court Order, it is difficult to determine if you are in contempt. If a Court Order expressly instructs you to take specific action, such as requiring you to bring the child to the prison for a visit with mom, and you fail to comply with that specific instruction, you may be found in Contempt. Based on the limited information provided, it sounds like your specific set of circumstances is a bit more complex. I recommend seeking counsel from a local lawyer to protect your rights and to determine what your obligations are.
I agree with Mr. Phipps, it would be dangerous to offer you advise on contempt without carefully reading the final judgment.
You also need to consider the big picture, You should be fostering a good relationship between your child and her mother. One of the factors the courts consider under the custody statute is: "The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required."
Cutting off any communication between the child and her mother could be grounds for changing the current parental responsibility structure.
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I agree with the others. The only way someone can answer your question is to review the actual agreements and/or orders that are in effect. You need to consult with an attorney. Many offer free telephone consultations during which the documents can be reviewed.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
Lawyers can't interpret documents without actually reading the document-- however, on the face of it, sounds like she needs to go to court to seek a modification. I note that in prison, her visits would have been supervised. It must be scary to contemplate visits without a supervisor, and your little daughter may need a little help adjusting. To be held in contempt you would have to be in willful violation of a specific term of the parenting plan, sounds like you are not. Bigger question: would your daughter benefit if mom was re-integrated into her life? modification should be considered by both parties
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