Our parenting plan does not permit an overnight stay by a woman at my house when the kids are staying with me. However, sometimes at my ex-wife’s insistence I have the kids for unplanned dates where it is unavoidable that my girlfriend will be there. She threatens to take me to court over it even though it’s often last minute that I need to take care of the kids.
If it is deemed I am violating the parenting plan, what is a typical penalty? Does the court fine me, or do I lose some visitation rights?
You need to consult a domestic litigation attorney licensed in your state as punishment for violating Court Orders varies from state to state. Cordell & Cordell has attorneys licensed and located in Tennessee who would be happy to assist you.
When a person is found to have intentionally violated a Court Order, the Judge can hold the person in Contempt of Court. Punishment could be a fine or it could be a jail sentence. The Judge could issue a punishment right away or he or she may stay the punishment so long as you abide by the purge. The purge could be to comply with the terms of the parenting plan. You could also be held responsible for the costs of bringing the contempt action, including her attorney fees. A finding that you are violating a Court Order may have an affect on your visitation rights. Bottom-line, you should contact an attorney immediately.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.