My question involves a child custody case from the State of: TN
I have posted on the other site in the past, however for some reason at this time I cannot get to that site at work. Some of you here may know the history though if you are also on that site. If not, my husband has had issues with his daughter's mother since before he and I met years ago. She constantly did things to hinder him and his child's relationship though due to a biased judge was never found in contempt. Last year she moved out of state to be with her new husband at the time, now soon to be ex,(with the child and without permission) and since he was living in a different county the case was transferred and he was eventually given custody of his daughter due to the mother's actions.
The mother was ordered to pay support last year, however since that time has not paid a dime. At first he got the run around because she was in another state, however now she is back in TN and is now running from child support and falsifing information with the court as far as her employment is concerned.
Anyway, since she was not paying child support, the judge ordered that she be responsible for all transportation in regards to her visiting the child. The actual order reads, "2. Until the Respondent has paid all arrearage, the Respondent shall be solely responsible for all expenses associated with the child being transported to (the state that she moved to) or anywhere else so that the Respondent can excersise her co-parenting time. 3. If the
Respondent fails to pay the money required to transport the child for her parenting time, then the Respondent has forfeited her right for the co-parenting time"
Now my husband has been giving her visitation whenever we have been in town out of the goodness of his heart and wanting his daughter to have a relationship with the mother, although it was not her parenting time, we were just in town. However the mother failed to call or arrange pickup for her fall break visitation. She says that my husband is in contempt of court since he didn't call her letting her know when he would be dropping her off. He sent her the school schedule at the beginning of the year and assumed that she knew the time that she was to have her daughter but was choosing not to excersise her visitation since she had not contacted him.
She is also saying that he has to bring her to where she lives for Thanksgiving and Christmas as she believes the order only meant air transportation to where she was living.
My questions are as follows:
1. Can my husband be found in contempt for her missing the fall break visitation?
2. Is he reading the order correctly and correctly assuming that she is to provide transportation until her support order is current? (They have contempt of court hearing her non-payment next month.)