well i have been going through a custody fight and a divorce for two years now and I just filed a contempt of court for my in-laws who have primary care custody of the children and they have refused to give me the visistation stated in our order. well i was wondering what would happen to them if they are refusing to let me have my visitation will they lose custody, will it be changed or will I just get an i'm sorry from the judge and it will go back to the way it was?
2007-05-16 06:42:48 · 10 answers · asked by nc_chicklet202002 1 in Politics & Government ➔ Law & Ethics
can u start over cuz i din't get a thing
2007-05-16 06:45:48 · answer #1 · answered by Sammy 1 · 0⤊ 0⤋
Just so you understand, child custody is a civil matter. Any complaint for violation of the custody order would be heard before a judge that would decide if your in-laws are in contempt of court for failing to allow you visitation.
Whether they lost custody is a difficult question to answer without knowing what your basis, other than not allowing visitation, was. There is obviously a reason why, as the biological mother, the court felt you were not able to care for your children. Whatever that reason, you need to rectify the problem then file a motion for a custodial change.
This is best handled by an attorney from your area that specializes in family law!
A refusal of visitation my be justifiable in the minds of the custodial family but if not sanctioned by the court could result in an admonishment by the court but more than likely not change custodial care.
Best wishes.
2007-05-16 06:54:50 · answer #2 · answered by KC V ™ 7 · 0⤊ 0⤋
I would take a police officer with me, if you have the order and they fail to comply in front of the officer you will have a witness and one or both of them could go to jail. Once you have a witness you might be able to get a judge to enforce the order, and even slap them both with contempt of court charges! I feel for you, good luck.
2007-05-16 06:48:44 · answer #3 · answered by samhillesq 5 · 0⤊ 0⤋
In the state of california they can be jailed for up to 3 yrs and face a fine up to like $10,000. they are breaking the law if the court as allowed you visitation and they do not follow through.
2007-05-16 06:46:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The only one who can answer that for certain is the judge. CAll the support court and ask them what traditionally happens in these cases; will give you something to start with anyway.
2007-05-16 06:46:10 · answer #5 · answered by wizjp 7 · 0⤊ 0⤋
Depending on what state you live in you can have them charged with parental interference. If you have a visitation order, they are legally obligated to abide by it.
If you have an attorney, I would speak to them and see if they would recommend pusuing that option. It never hurts to ask.
2007-05-16 08:03:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋
California? Back to the way it was. Here the man has no rights and gets everything that falls of the truck as she drives away!
2007-05-16 06:45:42 · answer #7 · answered by Anonymous · 0⤊ 1⤋
if it keeps occurring you can have the judge assign someone to make sure you get your time. Someone to make sure that you are getting your rights. Good luck
2007-05-16 06:46:53 · answer #8 · answered by soxmattdaniels 2 · 0⤊ 0⤋
document everything pertaining to your case and take them back to court for comtempt. you have the right to see your children.
2007-05-16 06:46:39 · answer #9 · answered by usnavy 1 · 0⤊ 1⤋
you may want to take that to lawguru.com. you may get some farfetched answers here. good luck
2007-05-16 06:46:42 · answer #10 · answered by hasdad62 6 · 0⤊ 0⤋