I obtained primary custody and he is only allowed 2 days a week no overnight and home by 7. He moved to Florida and has called CPS twice. If he took me to court for visitation, will they award him considering he left the state and has not seen them in 4 months? Also how do I stop him from continuing to make false allegations to children and youth being I proved over and over that I'm clean and doing the right thing. He is trying to hurt me due to me cutting him off because he keeps threatening me and trying to control me but we are not together. Despite his move I allowed him to speak with our children but if I don't want to speak to him he is coming and bringing hell he says. He's obsessive and won't let go. How do I handle this situation?? I have proof that he called cps, proof of custody and proof of his abuse.
Courts do not typically find people in contempt for choosing to not parent their child the amount of time afforded to them in a custody order. Contempt petitions are more commonly sought to force one party to return a child to the other when they are withholding a child in direct violation of a custody order.
The best thing you can do if CPS comes knocking on your door is cooperate with them and help them close out their investigation. They are obligated by law to investigate any allegations made to them. If you refuse to cooperate with them, it makes their job even harder and might add to their suspicion that their is some substance to the allegation.
You should continue to facilitate telephone contact between the children and their Father, but you do not have to subject yourself to verbal abuse to do it.
I strongly recommend that you consult with a family law attorney in your area to advise you on how to engage with the Father of your children. A bit of time with an experienced family law attorney to give you some ground rules can be enormously helpful.
This answer is based on the information provided in your question. This answer does not create an attorney-client relationship. You should consult with an Attorney in your area for a complete review of the facts of your case before taking any action on this matter.
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