ExpertLaw.com Forums

Defenses to Contempt of Court in a Custody Case

Printable View

  • 07-18-2014, 05:25 PM
    goodofthe child
    Defenses to Contempt of Court in a Custody Case
    My question involves a child custody case from the State of: Georgia
    My situation is very different and involves numerous different aspects however this would be the meat of the problem: My children have been mandated to go to visitation every other weekend with a man that is not their biological father. This man has a history of abuse and my children are terrified of him. One is 12 and the other is 15 - the oldest even watched this man try to rape me. I have decided that I will just go to jail before I will force them into a car with him, but is there anything else I can do? I have letters from counselors that agree with my decision, but I am just not sure any of this will be enough. All the evidence I have against this man was not presented in court due to lack of counsel. If I presented all the evidence I have ( which ranges from drugs to abuse) would I stand a chance in a contempt case? My oldest even threatened to run away or harm herself if she is left alone with him.
  • 07-18-2014, 05:32 PM
    Dogmatique
    Re: Beating Contempt of Court
    Two questions.

    1. Is he the LEGAL father?

    2. Do you have proof of the abuse? What sort of proof?
  • 07-19-2014, 01:00 AM
    aardvarc
    Re: Beating Contempt of Court
    Quote:

    My children have been mandated to go to visitation every other weekend with a man that is not their biological father
    How did he have standing to SEEK visitation? If he's the legal father, and not based on DNA, then it's because you and he conspired to put his name on the birth certificate. So it wouldn't matter at this point that he's the biological father or not. He'd be the legal father, and he'd stay that way until and unless the biological father came forward to challenge paternity, and given the ages of your children, even IF the biological father came along now, the court may still deny his attempt to become a new father.

    Certainly with allegations of attempted rape, drug use, and other issues, there should be a whole STACK of police reports, where you have reported his behavior AND made sworn statements about what he has done, right? Because THAT is what the court is going to want to see. If he's behaving as badly as you suggest, and you have NOT been involving law enforcement, your credibility is going to go right down the crapper with the judge. If you DON'T have a stack of police reports, you are REALLY going to need an attorney to assist you in requesting a modification of the court's current visitation order, including asking for supervised visitation and drug testing as a condition of that visitation. (Because I suspect a majority of your "evidence" isn't going to prove what you think it will, a common problem when non-attorneys bring such arguments.) If you're really afraid of this guy being around your children, you need to get this done RIGHT, so don't make it a do-it-yourself project. If you fail, things are going to go from bad to worse, quick. You cannot afford to get this wrong, for the sake of your children.
All times are GMT -7. The time now is 02:30 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved