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  1. #1
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    Default Is Contempt a Basis to Change a Custody Order

    My question involves a child custody case from the State of: Florida

    Basically I have a 12yo daughter that lived with me from the time she was 2 till last year. Her mother has had her just over a year. We have had a world of issues that were never present before. I assumed her visitation which was everyother week alt. Holidays etc. She has denied me visitation repeatedly, won't let me talk to my daughter and tells me my daughter doesn't ever want to see me again. I filed a contempt as she is bad mothing me etc. She finally allows me to see my child once she receives a copy of the contempt. My daughter is crying to me saying her mother said that I didn't ever want to see her again!! I am appalled. Now that I have filed the contempt she pulls my daughter out of public school and decides she is going to homeschool her against my wishes and better judgement. I am awarded half the decision making by law and if we can't agree we are to go to mediation. So pulling her out of school is yet another attempt at isolating me from my kid.
    My question is do I need to file another contempt? We have not been to court on the first yet. And do you think I can get primary residency awarded back to me?

  2. #2
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    Default Re: Contempt Issues on Child Custody

    What do the most current court orders say?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Default Re: Contempt Issues on Child Custody

    Quote Quoting Dogmatique
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    What do the most current court orders say?
    Most current custudy order states that I get my child every other weekend and one day per week etc. It also states that education and medical decisions will be mutually agreed upon. It also states that she is to allow me telephonic communication once per day. The order also states that she is to not speak illy of The NCP. I had my daughter living with me 9 years, we never went to court we dealt with things outside of court. I was always reasonable to her requests. My daughter was coming into the time of puberty and her mother and I spoke and she expressed that she would like to help and be there to ease our daughter into womanhood. Teaching her to shave and deal with her female issues. I obliged and we switched custody. Now she won't let me see nor talk to my child. I was able to pick her up once after she received the contempt (we go to court feb 5) and my daughter wrote me a note stating her mother said that I never wanted to see her and didn't love her and told her I never called or emailed. I am highly concerned for my daughters welfare. Her mother is alienated me from her and its not just harming me is harming my daughter. She lived with me for 9 yyears, I coached her tball and baseball, we camped and I even did girl scouts wiith her. She and I were very close. Now she has taken her out of public school against my wishes and is planning to homeschool her. I did not agree to this and the custody agreement states that all educational decisions are to be agreed upon or mediation is required.
    The contempt that I have already filed was because she won't let me see nor speak to my daughter and that she is slandering me and encouraging my daughter to also. She is saying my daughter has a choice whether or not to see me and the order states otherwise. My daughter is affraid to say she wants to see me because her mom gets upset. When my daughter did come over her mother called her atleast 6 times per day. She is almost 13 and her mother is being very childish. Once of the times she called my daughter crying and telling her that her mother in law was being mean to her! She is treating her. Like a confidant and friend not as our daughter. My daughter is very confused. She believed her mom when shesaid I didn't want to see her.
    Do I need to filea seperate contempt for her pulling her out of school without my consent? Do you think they will give me primary residence back as she has only had her 1 year and does not seem to be able to handle the responsibilities as a CP. I would not and never have attempted to keep my daughter from her. My daughter has also received several referrals and a suspension since she has lived with her mother. Her grades have fallen to Ds. She had no issues in school she made As and Bs with an occasional C and never got a referral nor suspension.
    Do I file a modification of time sharing?

  4. #4
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    Default Re: Contempt Issues on Child Custody

    You need to hire a lawyer to handle these issues.

  5. #5
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    Default Re: Contempt Issues on Child Custody

    Quote Quoting rebowers83
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    Most current custudy order states that I get my child every other weekend and one day per week etc. It also states that education and medical decisions will be mutually agreed upon. It also states that she is to allow me telephonic communication once per day. The order also states that she is to not speak illy of The NCP. I had my daughter living with me 9 years, we never went to court we dealt with things outside of court. I was always reasonable to her requests. My daughter was coming into the time of puberty and her mother and I spoke and she expressed that she would like to help and be there to ease our daughter into womanhood. Teaching her to shave and deal with her female issues. I obliged and we switched custody. Now she won't let me see nor talk to my child. I was able to pick her up once after she received the contempt (we go to court feb 5) and my daughter wrote me a note stating her mother said that I never wanted to see her and didn't love her and told her I never called or emailed. I am highly concerned for my daughters welfare. Her mother is alienated me from her and its not just harming me is harming my daughter. She lived with me for 9 yyears, I coached her tball and baseball, we camped and I even did girl scouts wiith her. She and I were very close. Now she has taken her out of public school against my wishes and is planning to homeschool her. I did not agree to this and the custody agreement states that all educational decisions are to be agreed upon or mediation is required.
    The contempt that I have already filed was because she won't let me see nor speak to my daughter and that she is slandering me and encouraging my daughter to also. She is saying my daughter has a choice whether or not to see me and the order states otherwise. My daughter is affraid to say she wants to see me because her mom gets upset. When my daughter did come over her mother called her atleast 6 times per day. She is almost 13 and her mother is being very childish. Once of the times she called my daughter crying and telling her that her mother in law was being mean to her! She is treating her. Like a confidant and friend not as our daughter. My daughter is very confused. She believed her mom when shesaid I didn't want to see her.
    Do I need to filea seperate contempt for her pulling her out of school without my consent? Do you think they will give me primary residence back as she has only had her 1 year and does not seem to be able to handle the responsibilities as a CP. I would not and never have attempted to keep my daughter from her. My daughter has also received several referrals and a suspension since she has lived with her mother. Her grades have fallen to Ds. She had no issues in school she made As and Bs with an occasional C and never got a referral nor suspension.
    Do I file a modification of time sharing?

    You need an attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
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    Default Re: Contempt Issues on Child Custody

    I have never had to use an attorney in the past. My daughter lived with her maternal grandmother before she resided with me. I drew up and filed all the paper to aquire custody as well as to transfer it. To her mother. I'm generally pretty family law inclined. I really just want some opinions and feedback. My daughters mother commited parental kidknapping a few years back and I was able to get her returned within 3 days filing an emergency pickup order. At this time I really cannot obtain a lawyer due to my finances and the immense cost of a family law lawyer. Retainer fees starting from $1500- $2000. What would a lawyer be able to accomplish for me? if I must get a lawyer I will do my absolute best to retain one. I had a lawyer at one time and didn't find them to be much use and was able to do better without one a lot faster. I feel that the case is more important to me than the monetary gain a lawyer receives and I represent myself well. My daughters mother also cannot afford a lawyer and represents herself. Not very well . She cannot hold her composer in court.

    Based on what I have said on my previous posts do you agree she is in contempt? Please any thoughts , comments, or concerns are appreciated. What would you do in my situation? Do you think I can obtain primary residence again? What are my odds? Any words of wisdom from experience? Thank you for your time

  7. #7
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    Default Re: Contempt Issues on Child Custody

    We honestly cannot guess.

    You need an attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
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    Default Re: Contempt Issues on Child Custody

    I honestly do not see why you assume I need an attorney

  9. #9
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    Default Re: Contempt Issues on Child Custody

    From one father to another who thought he could "work it out and did not need an attorney" get an attorney!

  10. #10
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    Default Re: Contempt Issues on Child Custody

    Quote Quoting rebowers83
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    I honestly do not see why you assume I need an attorney


    ^^^^ THIS is why you need an attorney!
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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