Ask A Lawyer Question:
Do I have to have a Family Attorney to hold my ex-wife in contempt of court? Our divorce decree states her grandmother will be the day care provider unless both parents agree on another person. My child’s mother is allowing her friend/boyfriend to watch our child during the day while she is at work. He does not have a driver’s license.
Can I file a contempt order with a family access form? Can you define Third-Party Custody?
Ask A Lawyer Answer:
There is no legal requirement or court rule that requires a person to be represented by a Family Law Attorney in any legal matter. It is your right to handle your legal matters on your own behalf. You should be cautioned, and it is my suggestion that if you are not sure of what you are doing or how to do it, and it is important to you to make sure your rights and interests are protected and the court order is enforced in your case, you should consider consulting with an attorney that is experienced in handling Family Law Contempt Orders.
A family access motion is applicable when custody, visitation or third-party custody is denied or interfered with by a parent or third-party without good cause. It does not seem that the terms that you are seeking to enforce concern a denial or interference with your custody rights. The more appropriate procedure would be to file a verified motion for contempt which would set forth the terms of the decree that you are seeking to enforce, as well as the details of the opposing party’s non-compliance with those terms.
The term “third-party custody” refers to a person who is not a biological parent of the child, that would be designated by the court as a legal and physical custodian of a minor child. A third-party would have to actually be a party to the court case prior to the court’s decision of awarding custody of the child(ren).