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Motion for Civil Contempt in a Custody Dispute

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  • 04-29-2013, 08:25 PM
    biggdogfl@gmail.com
    Motion for Civil Contempt in a Custody Dispute
    My question involves a child custody case from the State of Florida:

    My child's mother decide to stop abiding by a court order that we've both have been following for almost 5 years now. The court ordered us to exchange our child on Sundays at 6 PM. However, out of the blue she decided to drop our daughter off at school for me to pick her up on Mondays instead for no given reasons. We had agreed about 5 years ago to exchange our daughter on Sundays since its the first day of the week. We have different court order arrangements for holidays, birthdays, spring and summer vacation e.t.c. and we've been meeting at public places instead of each others homes. I am looking for advices before filing for a motion to contempt against her.
  • 04-29-2013, 08:58 PM
    Disagreeable
    Re: Motion for Civil Contempt
    You need documentation that you have attempted to pick your daughter up on Sundays at 6 pm.
  • 04-29-2013, 09:32 PM
    SESmama
    Re: Motion for Civil Contempt in a Custody Dispute
    Please explain.
    Who is the custodial parent?
    Are there court orders?
    If yes, what exactly (without names) do they state?
  • 04-30-2013, 07:08 PM
    biggdogfl@gmail.com
    Re: Motion for Civil Contempt in a Custody Dispute
    We have share custody, 50% with each parent, week on week off rotation- Yes its part of the court order- Court Order states under parental responsibilities (verbatim): Father and mother shall have shared parental responsibility and shall retain full parental right and responsibilities with respect to the child. The parties shall share time with the child on a week-on-week-off rotating custody basis. The Child shall be exchanged on 6 pm each Sunday. (2007)

    Anyways, mom just decided all of a sudden that she's gonna change the days and for me to pick my child up at school on Mondays instead.
  • 04-30-2013, 08:15 PM
    shortie
    Re: Motion for Civil Contempt in a Custody Dispute
    Quote:

    Quoting biggdogfl@gmail.com
    View Post
    We have share custody, 50% with each parent, week on week off rotation- Yes its part of the court order- Court Order states under parental responsibilities (verbatim): Father and mother shall have shared parental responsibility and shall retain full parental right and responsibilities with respect to the child. The parties shall share time with the child on a week-on-week-off rotating custody basis. The Child shall be exchanged on 6 pm each Sunday. (2007)

    Anyways, mom just decided all of a sudden that she's gonna change the days and for me to pick my child up at school on Mondays instead.

    No, she can't dictate the terms of your court order. That's why it's a court order. However, if you wanted to solve this outside of court (a.k.a. save money), why don't you just say, "okay, then you can also pick up the child on Monday afterschool on your week." That way, you still both have an equal amount of time.

    Yes, you can file contempt. But what if you go to court and mom utilizes that time to say, "I think it'd be better for the child if pick up is on Monday after school."

    The point is that, while this is technically contempt, it may not be worth going to court over.
  • 05-01-2013, 07:03 PM
    biggdogfl@gmail.com
    Re: Motion for Civil Contempt in a Custody Dispute
    I appreciate your comments, I feel like its petty too. However, when I tried to call her to discuss the issue she hangs up on me. Another, if we do Mondays after school, we have other court orders in regards to holidays, spring and Christmas break, and summer break but they happened to fall on school days. Thanks in advance.
  • 05-01-2013, 07:20 PM
    Dogmatique
    Re: Motion for Civil Contempt in a Custody Dispute
    Have you thought about using My Family Wizard for the purposes of communicating?
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