My ex husband and I have a legal agreement via mediator that states physical custody schedule and one clause of our daughter not spending excessive time with my younger daughter's father. This agreement was written a year ago when I had moved back from Va and my ex husband was concerned about stability and not wanting me changing schedule. I have been with my youngest daughter's father for 3 yrs. We plan to move in again in Oct. Until I get this agreement changed. Can my ex husband get me for contempt? He is aware that our older child has spent time with my current boyfriend and that we often try and do things as a family. What actions can he legally take against me at this point, with no other concern then stability and not agreeing with the back and forth relationship in the past.
If the language of the custody agreement states broad language such as "excessive time", it leaves open considerable ambiguity. If he files a contempt petition, the issue of defining that phrase will be the main issue in the litigation. If he files for contempt, I would strongly recommend hiring an attorney to represent you. Good Luck.
If you are planning to move, section 5337 of the Custody Act has certain notice requirements that you must meet before you may move. I would suggest consulting with an attorney about meeting those requirements. Your ex will have an opportunity to object to the move. You should consult an attorney about this well in advance of your move (now), because failure to provide proper notice can come back to bite you. I've seen parties move without proper notice and, when the opposing party went to court, the court ultimately denied a change in custody to permit the move and custody of the child was changed such that the non-moving party became the primary custodian.
If you cannot reach an agreement with the father, you will need to consider a petition to modify the existing custody order. It is better to be proactive than to do something that will give your ex a chance to file contempt.
Information provided is based on what is presented and should not be considered as legal advice, nor does this answer imply any attorney-client relationship.
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