Contempt of Visitation Order

[MdDad]

My question involves a child custody case from the State of: MD
I have a long and complicated situation. To start, I have 3 children with the same mother.

First child- I have physical custody and mom has visitations every other weekend. As of the past month and a half, she has not had a stable living condition. She has had 3 visitaion weekends within this period. The first weekend, she AGREED to have him for set hours and did not exercise her visitaion overnight since she didn't have the proper living conditions. The following visitation, she still did not have the right living conditions to keep him overnight; however, she wanted to return him home at 1am because they were going to an amusement park and would be out all day. I said that it would be an unappropriate time to return a child home. She did not answer and I heard nothing from her, she ended up not picking him up at all. She then stated that she had an apartment and a bed for him now so she wanted exercise her visitation. The day before her visitation started, I asked what was the plan, will she pick him up Friday night. She replied that it didn't matter, that he could come over Friday night or early Saturday morning. Of course, she didn't get him Friday night so Saturday morning I prepared him to leave for his visitation. I contacted her to ask her new address since she has no transportation. She replied that she was at the hospital with her oldest son. I told her what was her plan with the visitation. She said that she will contact me once she left the hospital. Two hours past and she replied back that she was still there and she didn't want to leave him with a babysitter so needless to say, she did'nt visit with him.

The second son- The mom has physical custody and I have every other weekend visitations. She was obeying the visitaion hours; however, she fails to provide her contact information. The past year and a half, circumstances changed and myself with the assistance from my family, provided sole care of this child, she only contributed whatever government assistance. We got into an argument and she took him out of my care. Because of the circumstances from the past year and her unstable living condiotions, I filed for a modification for custody so that he can come back to my home where he was fully support and is with his brothers. The day she got served was when my visitation weekend was to start. She ignored all my calls and her family provided no assistance when trying to find out where she was. I have no address for her and her only phone is now disconnected. I was refused visitation and to make it worst, have NO means of communications with her.

The third son- is an infant that has been in my physical care since birth. She never attepmted to take custody of him. For fear that she wouldn't return him, she is aware that she needs to establish visitaion through the court, so she hasn't asked to visit him until that has been completed.

She has not called to even check on the boys in my custody and I have no way to check on my son that she has in her custody.

Now with ALL of this information, have I fell into contempt with my first son since she's the one that hasn't exercised her visitaion? I have no idea where she lives and have no phone number to reach her, so what if she shows up at the door to take him for her next visitation? I wouldn't know how to reach her if there was an emergency, she has already disobeyed a court order with my second son, so I fear that she can disobey the one with my first son, so there is a fear that she could possibly not return him.

I know that she's in contempt with my second son and I plan to file a petition for his case.

[Mr. Knowitall]

Your contempt would be for what? Denying her visitation the one time because you didn't feel that she had an appropriate living arrangement? Depending upon the full facts and the terms of the order, you may have violated the order; but I can't tell you that without knowing the full facts and the terms of the order. For the other times you described, as you have told it, it was your ex- who didn't exercise her visitation.

If your order does not require that she keep you informed of her address and telephone number, ask the court to amend the order to include such a requirement. If it does, make sure the court is aware that she's not complying. You should also consider seeking a provision in your order that if she does not appear for parenting time within a reasonable time of a scheduled pickup (e.g., 30 minutes, 45 minutes) the visit is canceled - that way neither you nor the child are in limbo.

For all efforts to change custody, I think it's a good idea to work with a lawyer.