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Author Topic: How significant is a Contempt charge?  (Read 2299 times)

maxwell

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How significant is a Contempt charge?
« on: Nov 24, 2003, 01:38:10 PM »
I share custody of my 9-month old son after a temporary hearing (in SC) back in July after BM kept him from me (for no reason) for several months. I get him every other week.

The Order clearly states that neither parent should have anyone of the opposite sex in the home overnight when the child is present. She immediately found a new b/f and he obviously lives there with her. She doesn't even hide the fact from me. (This has been her MO for years as I found out later.) I don't care about her relationships (well I do a little) but based on what I found out about her past (recent criminal activity, 2 other custody battles for her 2 other children by other fathers, how she uses the children against their fathers, drug use and drug test ordered by the court, etc.) I am concerned for my child. She was recently evicted again and also won't meet with the GAL who has written to her lawyer as he is frustrated and he is leaning toward my side.

I suspect that I can gather evidence (hopefully the GAL will witness the b/f there also) perhaps using a PI about her clear violation of the court order. I just wonder how much weight this carries in another temp hearing or final hearing. In her previous 2 custody cases she had been held in contempt several times yet just received the 'threat' of a fine or jail. Apparently she knows the system very well. In fact, one charge from 2000 is still around in that county as she never paid that GAL and left the State.

1.  Is it worth getting the evidence and presenting it at the proper time (e.g., another temp hearing) about her obvious disregard for the court order (i.e., having the b/f there when my child is present). We think also that the GAL would support me in trying to get my son full time.

Thx!


socrateaser

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RE: How significant is a Contempt charge?
« Reply #1 on: Nov 25, 2003, 02:32:48 AM »
>I share custody of my 9-month old son after a temporary
>hearing (in SC) back in July after BM kept him from me (for no
>reason) for several months. I get him every other week.
>
>The Order clearly states that neither parent should have
>anyone of the opposite sex in the home overnight when the
>child is present. She immediately found a new b/f and he
>obviously lives there with her. She doesn't even hide the fact
>from me. (This has been her MO for years as I found out
>later.) I don't care about her relationships (well I do a
>little) but based on what I found out about her past (recent
>criminal activity, 2 other custody battles for her 2 other
>children by other fathers, how she uses the children against
>their fathers, drug use and drug test ordered by the court,
>etc.) I am concerned for my child. She was recently evicted
>again and also won't meet with the GAL who has written to her
>lawyer as he is frustrated and he is leaning toward my side.
>
>I suspect that I can gather evidence (hopefully the GAL will
>witness the b/f there also) perhaps using a PI about her clear
>violation of the court order. I just wonder how much weight
>this carries in another temp hearing or final hearing. In her
>previous 2 custody cases she had been held in contempt several
>times yet just received the 'threat' of a fine or jail.
>Apparently she knows the system very well. In fact, one charge
>from 2000 is still around in that county as she never paid
>that GAL and left the State.
>
>1.  Is it worth getting the evidence and presenting it at the
>proper time (e.g., another temp hearing) about her obvious
>disregard for the court order (i.e., having the b/f there when
>my child is present). We think also that the GAL would support
>me in trying to get my son full time.

Absolutely! The evidence suggests a pattern of flaunting the court's authority, and this will affect how the court rules in future situations.

>
>Thx!

 

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