motion to modify motion of contempt

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Default motion to modify motion of contempt

missouir I would like to know if I can file a styled motion to modify and motion to cite for contempt as one motion or do I have to file a motion to modify and a motion to show cause why should not be held in contempt. the contemptor is failing to notify by certifyed mail multiple times as defined in orginal court order for paternity and custody. moves about every 7 months. have joint legal and joint physical custody. it states that if you fail to give notice it can be used to modify custody..I would like to modify order to changed to my address for mailing and educational purposes as the child has missed 71% of school both 2nd and 3rd quarters according to report card. orginal order requires phone contact to be available 9:00am-9:30pm mother now has all phones off. utilities keep going off. My question is not how to fill out the form but to clarify is a styled motion acceptable or must i use the missouri supreme court motion to modify form and write my own form for motion of contempt and should that contempt form be a motion to show cause why she should not be held in contempt or a motion of contempt. thanks


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Created by good dad, Apr 11th, 2012 at 01:22 PM
Last edited by good dad, Apr 11th, 2012 at 01:51 PM
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Old Apr 11th, 2012, 03:07 PM   #2
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Default Re: motion to modify motion of contempt

I wish to inform you that you can file a Motion. The Motion will contain the name based upon relief sought. If you just want to deal with contempt of court in the Motion, then Motion can be named as Motion for Contempt of Court. If you also want modification of child custody along with contempt of court, then Motion can be named as Motion for Contempt of Court and Modification of Child Custody. The name must show in short the basis for filing of the action or relief sought. Supreme Court of Missouri forms will serve your purpose but in the alternative pro se litigants can file forms drafted by themseves based upon case needs.

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Old Apr 11th, 2012, 04:45 PM   #3
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Default Re: motion to modify motion of contempt

thank you, your posting reply will serve me well to a complete understanding of Motions, how to word them, and what function they serve. regards good dad
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Old Apr 12th, 2012, 05:08 AM   #4
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Default Re: motion to modify motion of contempt

If you file a motion you should have someone else review it before you file it, though, for clarity, wording, punctuation, etc. If drawn in the manner you submitted this post, it would be very difficult for the court to understand.
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Old Apr 13th, 2012, 06:28 PM   #5
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Default Re: motion to modify motion of contempt

thanks for suggestion...since this is not the motion did not worry about spelling, ect but excellent point and well taken. mo has a law in all orders involving minor children required to be entered as part of the final order ( if said order was after 1998) you can not relocate the child without notifying all parties by certifyed return receipt requested prior to 60 days with a revised visitation plan, new address, phone, reason why moving, ect. so its not a matter of proving contempt she moved 7 times in 4 years, I could not file a motion to deny her moving because she never filed the notice of her intent by certifyed mail return receipt requested. you cant file a motion on speclation. so i am filing a motion to modify the orginal judgement and contempt. in missouri you can use a styled form. A Motion to Modify Custody And Motion to Cite for Contempt as one document for one fee...or you can file a Motion to Modify Custody. and a seperate Show Cause why (person)should not be found in Contempt of Court. I am Pro Se so I am allowed to hand print the forms and compose them my self. I have been very happy with how missouri does their Pro Se cases. I am a firm believer that the best interest of the child is joint legal and joint physical custody I am only protecting the right of my child to have a continuing meaningful relationship with both sides of her family. I only want to do mailing and educational purposes as my address as she has missed 71% of her school year using her mothers. Our state is pretty good at school age children spending every 14 days 7 of that with a different parent. of course if you dont live within a resonable driving distance it would be difficult. the average person in our area drives 80 miles a day here. I just wanted someone to clarify the possibility of the styled motion as the cost for it is 192.00 as oposed to 182.00 per motion gratitudes for all post...good dad
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