Question:
I would like to file a parenting time contempt motion because my ex-wife denies my visitation every few months.
Is that enough frequency to file a contempt charge? How can I improve my chances to win a contempt motion?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.
There is no way to guess how an individual court will view a contempt filing based on any set of circumstances. In order to better your chances of a positive outcome, you will want to make sure you are keeping a journal and documenting all of your interactions with the child’s mother.
Keep a journal showing what days you had parenting time with your son, what days you were supposed to have time, offers of and requests for make up parenting time that were made, etc. This will be helpful in showing the judge why you are filing the contempt petition.
It may be beneficial to make requests for this make up time in writing, such as via email, and keeping her responses. This may result in you receiving the child the following weekend for make up parenting time and negate the need for the contempt petition.
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Attempting to informally resolve the issue without the involvement of the court may also be beneficial should she deny you the make up parenting time and the contempt petition is necessary. The emails regarding parenting time can then be presented to show the court that the child’s mother declined to follow the law and was willfully violating the court’s order regarding parenting time.
Showing your attempts to informally resolve the dispute and documenting your efforts will support your claims for contempt and give you the best chance of getting a ruling in your favor.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
