Charged With Contempt of Court for Violating Custody Order Due to Abusive Ex
My question involves a child custody case from the State of: Arkansas
My ex boyfriend/father of 2 children is suing me for contempt of custody agreement. The hearing regarding that motion is in Feb.
Question:
How likely will i be held in contempt? please read below.
Situation:
My ex of 8 yrs forced me to sign a joint custody agreement when our son (now 8) was 1 1/2, and then again when our daughter (almost 3) was born. He was diagnosed with paraniod schizophrenia after a mental breakdown that involved him shooting 50+ rounds in the house with all of us there. He was arrested and sent to a mental facility for one week. Shortly after he came home he disappeared for 3 days, came home totally out of his mind, claiming i was "trying to have him killed" (with the sheriffs cheif deputy on the cell phone.) i hurried to the sheriffs office asking for that same man to follow me home so i could grab some things and get away from him. Now, i have not complied with this agreement since then because of obvious reasons and other reasons ...this event happened in oct of 2011 and i have gradually let him have the kids on weekends, but he had another event where he was not arrested but taken into protective custody by sheriffs office in may of '12. i have been scared, threatened, confused, at some points i just wanna stop all contact with him, but my kids need a dad and they do love each other. This is so hard for me to deal with and i cant afford legal help. legal aid wont help me and i dont know what to do but represent myself. i left an abusive relationship with him and i still feel threatened by him often. theres so much detail to this and i feel i shouldnt worry because of his mental status, but i still feel so lost. i need any kind of help i can find. someone please. is anybody out there!
also, i filed for child support and was awarded. He didnt even show up...it is stated on the order..."children now live predominately with the mother"
Re: I Am Being Sued for Contempt of Custody Agreement, and Who Would Blame Me
You haven't complied with the court ordered visitation - there's a better-than-good chance you'll be held in contempt.
Since May of 2012, how many times have you withheld visitation?
Which event/s is/are Dad citing?
Re: I Am Being Sued for Contempt of Custody Agreement, and Who Would Blame Me
the document states we are to share the children a week at a time. Do you think there any circumstances that would (how do i say) "override" the order since he was charged with endangering the welfare of the children and sent to a mental facility. And i dont know what happened that night in May 2012, but he was taken into protective custody. He is on all sorts of medication the ones that worry me are the antipsychotics and mood stabilizers. i spoke with his wife on an occasion where she left him, and i told her he could be suicidal again, and she answered "yes i know, thats why i came back the 2nd time i left."
Say, i am held contempt, how do you suppose the judge will respond? And can you tell me what to expect in the hearing? This will be the first court appearance. The judge has my answer to the summons with all these events that occured. Its such a small town and everyone knows about it.(him shooting in the house)
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the statement my ex's wife made was in a text that is still on my cell
Re: I Am Being Sued for Contempt of Custody Agreement, and Who Would Blame Me
Here's the thing.
If the children are in IMMEDIATE peril, or risk thereof, you're expected to file for an emergency modification suspending all visitation until the matter is cleared.
You didn't do that, did you?
Incidentally, if he's actually on mood stabilizers etc., for his condition that bodes well for him - not you.