Last year I got a parenting plan put into place by requesting through the court system. In my order it says "minimum of one visit per month" bc I requested to do holidays & whichever weekend per month was his extended school weekend for the month. So like when he has a Friday or Monday out. Recently he didn't have those, they were in the middle of the week & my son lives 3 1/2 hrs away so those off days were not doable for a visit. So I would just get him for a weekend ....August I requested an extra visit bc of a death in my family & in order to get him to meet me I had to give him $ & this month is my Birthday so I requested a second visit this month also. Again he is refusing. His excuse is that he doesn't have $ to meet more than once per month. This denial was right after telling me he is going out of town for Thanksgiving (most likely to CT which is a 9 hr drive). We meet halfway so an hr & 45 mins.
It's hard to answer this queestion definitively without actually seeing the specific language in your paperwork, learning more facts/timeline, reviewing any texts/emails/chats you may have to know what kind of evidence you have for certain allegations, and other factors involved. But generally speaking, if the order says X is supposed to happen and then it's not, then that would be a potential contempt violation, and the burden is to show it was wilfull. For a modification, you have to show a "substantial change of circumstances", which is not always as easy or obvious as you would think, given the great discretion of the judge and it just depends on what all comes out in the evidence and legal arguments. I will also end by saying that some sets of facts call for a motion to modify AND for contempt at the same time, so that might end up being justified too.
Either way, start with a consult with a local attorney to review your facts and documents, as well as the procedures of how things are handled in your particular county (especially if you try to somehow still do it on your own after the consult). You can use the excellent Find a lawyer tab at the top of Avvo.com
Hope this helps and good luck with your situation. You just want to see your little guy!
The responses contained herein do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. The responses may or may not apply to you and should not be relied upon as ACTUAL legal advice. Rather, what is being provided here is legal information that would be best followed through on with a consult with an attorney after learning more about your specific facts, needs, legal issues, and goals.
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