My question involves a child custody case from the State of: OHIO
we have shared parenting 6 y/o son
father is residential parent for school purposes, we live 1 hour apart, we meet halfway for all visits (so about 30 min. driving a piece) order went into effect september 2010 - also i am UP TO DATE on my child support for him - and he has one contempt on him from 2010 for not giving me my childs day care information and not picking child up on time- he was found guilty
he allowed me my regular visits scheduled and holidays
The Problem- our agreement states specifically "1 OR 2 weekday evenings from 6pm-9pm" every time I ask his father he says no or he cant afford gas to meet me, i let it slide, however this is a new school year and i really value any time i get with my son and its important to me, i love my son dearly, hes my everything-
I have wrote a letter to his father stating we need to work something out or I will take further action- I have NOT mailed it yet (its suposed to be certified from what a lawyer tells me) I plan on sending it out tomorrow-
my question is this- Can he be held in contempt for not letting me have him on these days sense they ARE in the court order? (and if Yes- how many denials would i want to record before filing a motion on contempt)
Also would this be enough for me to file for "change of custody" in court?
I appreciate everyone who takes the time to answer my question or if you have went through something similar, I just want what best for my child, and I want to take advantage of ALL parenting time alloted
thanks

