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Visitation trouble in Texas (filing a contempt of court motion, etc)

This is a discussion on Visitation trouble in Texas (filing a contempt of court motion, etc) within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hello, Basically, my sons mother has decided that she will abide by the court order only as she sees fit. ...

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Old Oct 13th, 2011, 04:47 PM   #1
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Confused Visitation trouble in Texas (filing a contempt of court motion, etc)

Hello,
Basically, my sons mother has decided that she will abide by the court order only as she sees fit. I have, and continue to follow the order to a T. I haven't filed for contempt in the past, though I should have, but I am past the point of civility. I have every 1st,3rd, and 5th weekends for visitation, as well as every thursday evening. He often has football practice or cub scouts on thursday, and I have always given that time up so that he can enjoy these things. However, she recently decided he would skip practice to go with her to look at a dog to buy. I told her if he isn't going to practice, then he needs to be with me. She has all the time she needs to take him to do things with her, and my time is very limited. She basically told me tough sh*t, and in exact words said I will not get to see him.
Does anyone know any details on filing a contempt of court motion, cost, effectiveness, etc?
I do not like going to court over these things and have held my tongue in the past. I have very few rights, and refuse to have them impeded by someone who is simply above them, in her own mind.

Thanks in advance.
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Old Oct 14th, 2011, 01:18 AM   #2
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Default re: Visitation trouble in Texas (filing a contempt of court motion, etc)

When a court order is disobeyed a motion of contempt of court can be filed. You can file the motion in the court which entered the order. Most probably there is no need for a fresh filing fee as this is the continuation of an existing case, but you have to incur basic fees of photocopies and mailing to parties.
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Old Oct 14th, 2011, 05:10 PM   #3
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Default re: Visitation trouble in Texas (filing a contempt of court motion, etc)

Cost effectiveness of a motion for contempt of court? If your blood pressure, your son's ability to spend predictable time with you mean anything at all, it is cost effective.

You would bring the motion in the original case where the custody visitation decree was ordered. It would be technically a motion to show cause why she should not be held in contempt of court. For violation of court orders attorneys fees can be awarded. I would seek counsel of the attorney who handled your case or if you appeared initially pro se, seek advice of a family law attorney in your city to see about representing you.

If your ex gets away with dictating her own terms and conditions, violating the court's order, without any consequences, you and your son can only look forward to more of the same. This is harmful to the child,too, who counts on spending predictable time with his dad. My advice is to bring the motion. With luck, you may get the same judge who issued the order. Judges do not like to see people contravene their orders.
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Old Oct 14th, 2011, 08:43 PM   #4
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Default re: Visitation trouble in Texas (filing a contempt of court motion, etc)

Friend in Court, I believe you missed the comma between cost and effectiveness. I only ask about effectiveness because we have been before the same judge twice, simply to have his name legally changed to my name. The judge keeps letting these things slip, whereas if I violated any conditions, I would surely be penalized. Its an uphill battle.
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Old Oct 15th, 2011, 11:05 AM   #5
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Default re: Visitation trouble in Texas (filing a contempt of court motion, etc)

Contempt of court and going in for a name change are two distinctly different matters. I don't know of any judge I have been before or seen on the bench who takes contempt of his own orders cavalierly.

You have a choice of letting her dictate to you (and your son) from now until he is grown or standing up to call her up short for her contempt of the judge's order. The cost should be no more than filing the motion. I still recommend you seek the advice of the lawyer who represented you or a family law attorney in your town about bringing a contempt motion, including for attorneys fees.
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Old Mar 13th, 2012, 10:16 AM   #6
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Default re: Visitation trouble in Texas (filing a contempt of court motion, etc)

I have a case where 9 years ago I did not show up for a DNA test so automatically the child was said to be mine. There is a child support order in place through the attorney generals office, which I am getting caught up on. But the child's mother will not let me have visitation rights, even though its in the order for me to have visitation. I am about to file contempt, to see her but what about DNA test?
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Old Mar 13th, 2012, 02:31 PM   #7
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Default Re: Visitation trouble in Texas (filing a contempt of court motion, etc)

Once you are defaulted you generally no longer can raise Tge question of biology. You had your chance and ignored it.
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Old Mar 13th, 2012, 04:18 PM   #8
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Default Re: Visitation trouble in Texas (filing a contempt of court motion, etc)

My suggestion is you push forward for visitation. The child is aware of you as father, your not visiting the child will take as disinterest at best, abandonment, the worse case scenario. Your rights are your rights! Not to be dispensed at the mother's whim if and when she feels like it. She has been ordered by a judge to provide access to you at certain dates and times, so go for contempt of court (contempt of the judge) is my advice.


As to the DNA test, while some might disagree that defaulting you out was proper, perhaps continuing for another date more appropriate, the deed is done.
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