Child Visitation and Contempt Of Court

[Rem1061]

My 30 year old son is having a really bad time with his "Ex". She took him to court via a contempt of court filing because he was behind in his child support. She was, while being quite difficult, still in the right to require him to make his correct payments. He had been giving her every penny (I mean that literally) but was still behind. He got everything caught up (via my bank account) and her attorney had to argue with her for 15 minutes to get her to drop that charge. Since that didn't get him out of the picture she has now filed charges against him with the CPS over the younger of the two boys (3 year old and 6 year olds by the way) saying that he has injured him because he came home with a bite mark on his arm. The boy has gotten to where he bites all the other children, and after the third or 4th time he bit my granddaughter ( also 3) who is my daughters child, she had enough and bit the crap out of him!( I say good for her by the way). Anyway, she filed 2 charges of some kind but one has already been dropped without even an investigation.
I am finally getting to the meat. Since the last court appearance when he didn't get in trouble in court, she has been hiding the youngest child from him every time he was supposed to get him for visitation, and has also pulled the older boy out of school three times to prevent him from picking him up. The last time he called the school Peace officer to the office and the officer had to physically stop her from removing the boy. He carries a copy of his court orders with him just for reasons like this. To date she has denied him his visitation rights 5 times in a row on the younger boy and three of those times the older as well. He is supposed to have them every Thursday night and every other weekend. He has not had the younger in over a month and a half and out of three weekends he should have had them both he only had the older once. This seems like a total of about 16 or so contempt of court actions on her part if added separately. He does have a lawyer, but he seems to be dragging his feet just a bit (and wants 3K to file against her). If he could go to jail for 5 years or so and a 10K fine for contempt charges for falling behind in his support, how about her actions? What should she be faced with? He has checked at her parent’s house where he is supposed to pick the younger boy up, her house, her new husband’s parent’s house and at least two friends houses and cannot find the younger boy.

Input and suggestions would be appreciated.

Thanks
Richard

[tbyte]

File contempt of court charges against her.
Duh.

[Rem1061]

Tbyte, I have noticed that you can't seem to help yourself, you have to post sarcastic remarks to most people. IF you had read the post completely you might have noticed two things. One is he doesn’t have the funds to charge her himself. The second is the post was a QUESTION as to the opinion of the viewers as to the chances of a successful charge(s) of contempt against her. I was rather hoping for a counsel that has child custody experience giving me his or her input on the possible success of such charges against her. But please, keep posting the sarcastic, put down type remarks. It will give us all something to lighten or day.

Richard

[tbyte]

How much does it cost to file contempt charges?
I'm betting you don't even know. I'm betting you are arguing out of complete ignorance, because I filed contempt charges against my ex for $75.

NOWHERE in your post do you ask for the "opinion of the viewers as to the chances of a successful charge(s) of contempt". If that is what you wanted, then that is what you should have asked.

It is obvious that neither you nor your son has taken any initiative to research your legal options. You are unable to phrase the questions you want answered. You are asking the questions for your son, when it is your son who should be on the forum, not you.

When I see people who have allowed the courts or their ex-spouses walk all over their rights because they lack the initiative to take even the first steps necessary to stand up for themselves, yeah, a little sarcasm might leak in.

But frankly, my advice was the best advice you are going to get.

Now, if YOUR SON wants serious advice on navigating our family court system from someone who has been living in it for 10 years, who got custody of his children, and who successfully argued his own case before the Court Of Appeals and had the lower court's decisions overturned TWICE, I would seriously, sincerely, be willing to help him.

But HE has to take initiative and be willing to follow it through, or there really is no point.

Tbyte
Going into a court room without an attorney has been likened to bringing a knife to a gun fight (which is apparently what you are telling him to do.) An attorney would charge 3000 or more to do what he is asking about. And he's right, you are a smartass
.

[tbyte]

I know for a fact that you can win your case without an attorney.
You can decide to fight, or you can decide to lose. You have made your decision, and helping people lose is not what I am here for so I'm out of this thread. Bye.

I am a divorced father who had a difficult ex at a time in the past. She wanted to move out of state, withheld medical bills and then claimed I didn't pay, pursued me at the slightest late payment with ferver... etc., etc., etc.

I went to court, both as Respondent and Petitioner. I represented myself. No lawyer ever. I won every single time. In fact, when all was said and done, the judge jokingly told my ex that next time she should consider hiring me as her attorney. It's not impossible to represent yourself... in fact, it's better in many ways. You look less guilty, you look less argumentative, you look more willing to negotiate, and you obviously are trying to mend things peaceably.

All you need is the following: Preparation, Information, and Determination.

Don't inundate with "proof" (ie video/audio tapes, bills, paperwork, frantic writings etc.) Just boil it down to what matters. Then, pad it out a little to give you some bargaining room, and be prepared for the unexpected (or even the expected). Go into court knowing what you want to leave with. Don't get muddled by BS.

Stay calm. Know your rights. Study up a little on some basic legal terms and know when to use them. Study Latin a little (kidding). Get your poker face ready and play nice.

However, if you are going into court knowing you have done wrong, aor with the intent to deceive... get a lawyer. They are GREAT at that.

Seriously. If you are even slightly intelligent, you can pull it off.

Originally Posted by Unregistered

I am a divorced father who had a difficult ex at a time in the past. She wanted to move out of state, withheld medical bills and then claimed I didn't pay, pursued me at the slightest late payment with ferver... etc., etc., etc.

I went to court, both as Respondent and Petitioner. I represented myself. No lawyer ever. I won every single time. In fact, when all was said and done, the judge jokingly told my ex that next time she should consider hiring me as her attorney. It's not impossible to represent yourself... in fact, it's better in many ways. You look less guilty, you look less argumentative, you look more willing to negotiate, and you obviously are trying to mend things peaceably.

All you need is the following: Preparation, Information, and Determination.

Don't inundate with "proof" (ie video/audio tapes, bills, paperwork, frantic writings etc.) Just boil it down to what matters. Then, pad it out a little to give you some bargaining room, and be prepared for the unexpected (or even the expected). Go into court knowing what you want to leave with. Don't get muddled by BS.

Stay calm. Know your rights. Study up a little on some basic legal terms and know when to use them. Study Latin a little (kidding). Get your poker face ready and play nice.

However, if you are going into court knowing you have done wrong, aor with the intent to deceive... get a lawyer. They are GREAT at that.

Seriously. If you are even slightly intelligent, you can pull it off.

I thought it was me that written this! (the above). "All you need is the following: Preparation, Information, and Determination" Well said and done! hehehehe I have been there myself and he's right know some basic's....I pulled it through without any atty's or help, do represent yourself, it does/shows proves that your in charge!

[tbyte]

Originally Posted by Unregistered

All you need is the following: Preparation, Information, and Determination.

Plagiarism! Please credit your quotations, thank you very much... What can I do?

I might also add that is it important, during the trial, to be laying the grounds for an appeal should the judge rule against you. You need to make sure that all your evidence has been presented as no new evidence can be presented on appeal.

[tbyte]

Originally Posted by Unregistered

All you need is the following: Preparation, Information, and Determination.

Plagiarism! Please credit your quotations, thank you very much: What can I do?

Originally Posted by tbyte

What you fail to understand is that anger is going to get you nowhere in family court system. To succeed you need information, preparation, and determination.

I might also add that is it important, during the trial, to be laying the grounds for an appeal should the judge rule against you. You need to make sure that all your evidence has been presented as no new evidence can be presented on appeal.