Going for contempt without a lawyer

[WhatToDo]

This is all in South Dakota and THANk YOU in advance!

I was thinking about taking my ex to court for contempt without a lawyer. I just got my child support raised by $110 and really can't afford to hire a lawyer at this time. There is a custody order in place that has not been followed since April 2006.

It is court ordered that I am can see my daughter every other weekend and everything else is according to the state visitation guidelines. I have never received a holiday or a summer or any vacations with her

At the time the order was put into place, I lived 300 miles away and couldn't afford to make the trip to see my daughter every other week so my ex let me see my daughter the times I could come to see her.

Then, in April, my ex cut off all visitation. I still lived 300 miles away. I tried a few times to set up visitation and called several times. She wouldn't allow anything.

I moved within 10 miles of my daughter in August 2006. We had a contempt hearing in November but my ex never showed because she was never officially served with the papers. The venue had not been changed so the hearing was in my old town 300 miles away. Another date was set but then it got postponed. I cannot afford to pay my lawyer and I am going to have a change of venue made as soon as possible.

1. What, exactly, happens in a contempt hearing?

2. Would it be hard for me to succeed without a lawyer, for this first contempt hearing, in your opinion?

[socrateaser]

>1. What, exactly, happens in a contempt hearing?

A mini-criminal trial before a judge occurs.

>2. Would it be hard for me to succeed without a lawyer, for
>this first contempt hearing, in your opinion?

The fact that you're asking what happens strongly suggests you will not be able to make your case.

Go to court and watch some hearings.

[WhatToDo]

"The fact that you're asking what happens strongly suggests you will not be able to make your case."

I know that I need to show proof of my visitation being denied. I guess what I was looking for was what all should I bring and what could my ex say or use against me. I guess I should have worded it differently. Sorry!

- I have emails from my ex denying my visitation several times.

- I have phone records showing how often I have tried to exercise my phone visitations with my daughter.

- I have sent my ex two certified letters of Intent to Exercise Visitation.

- I have a police report showing that she didn't show up at the first requested visitation. (the second one requested is this weekend so I don't know if she will show or not yet. I'm assuming not)

- I spoke with an attorney and was informed that I can record conversations with my ex without having to inform her. I have not yet been able to record her since she hasn't answered her phone but I am still trying.

1. Is there any other evidence I should have?

[raymi]

If you'd like to post in "father's issues" I can share with you my extensive experience with contempt pro se regarding denied visitation.

[socrateaser]

>"The fact that you're asking what happens strongly suggests
>you will not be able to make your case."
>
>I know that I need to show proof of my visitation being
>denied. I guess what I was looking for was what all should I
>bring and what could my ex say or use against me. I guess I
>should have worded it differently. Sorry!
>
>- I have emails from my ex denying my visitation several
>times.

What proof do you have that the emails are authentic, and not simply manufactured by you?

>
>- I have phone records showing how often I have tried to
>exercise my phone visitations with my daughter.

This doesn't prove that the other parent refused you phone time. It just proves that you called.

>- I have sent my ex two certified letters of Intent to
>Exercise Visitation.

This proves you were annoyed, but it doesn't prove you were denied visitation.

>
>- I have a police report showing that she didn't show up at
>the first requested visitation. (the second one requested is
>this weekend so I don't know if she will show or not yet. I'm
>assuming not)

If the police officer didn't witness the other parent denying you visitation, then the police report is just your claim that you were denied. It doesn't prove that you were actually denied visitation.

>
>- I spoke with an attorney and was informed that I can record
>conversations with my ex without having to inform her. I have
>not yet been able to record her since she hasn't answered her
>phone but I am still trying.

So, you have no evidence under this category.

>1. Is there any other evidence I should have?

Well, on the surface, I'd say you don't have any evidence at all. I'm being unduly harsh, but the burden is on you to prove contempt BEYOND ALL REASONABLE DOUBT, and based on your facts here, I'd say you're nowhere near meeting that burden of proof.

[WhatToDo]

So basically there's nothing I can do? My ex doesn't ever answer her phone so me catching her on tape is pretty much impossible.

The phone records show how long each phone conversation is and each one says 1 minute. If a judge actually thinks that every time I call, the dialing and me talking to my daughter only takes 1 minute then I guess I'm outta luck.

1. Do you have anything I haven't tried?

[WhatToDo]

This is all in South Dakota and THANk YOU in advance!

I was thinking about taking my ex to court for contempt without a lawyer. I just got my child support raised by $110 and really can't afford to hire a lawyer at this time. There is a custody order in place that has not been followed since April 2006.

It is court ordered that I am can see my daughter every other weekend and everything else is according to the state visitation guidelines. I have never received a holiday or a summer or any vacations with her

At the time the order was put into place, I lived 300 miles away and couldn't afford to make the trip to see my daughter every other week so my ex let me see my daughter the times I could come to see her.

Then, in April, my ex cut off all visitation. I still lived 300 miles away. I tried a few times to set up visitation and called several times. She wouldn't allow anything.

I moved within 10 miles of my daughter in August 2006. We had a contempt hearing in November but my ex never showed because she was never officially served with the papers. The venue had not been changed so the hearing was in my old town 300 miles away. Another date was set but then it got postponed. I cannot afford to pay my lawyer and I am going to have a change of venue made as soon as possible.

1. What, exactly, happens in a contempt hearing?

2. Would it be hard for me to succeed without a lawyer, for this first contempt hearing, in your opinion?

[socrateaser]

>1. What, exactly, happens in a contempt hearing?

A mini-criminal trial before a judge occurs.

>2. Would it be hard for me to succeed without a lawyer, for
>this first contempt hearing, in your opinion?

The fact that you're asking what happens strongly suggests you will not be able to make your case.

Go to court and watch some hearings.

[WhatToDo]

"The fact that you're asking what happens strongly suggests you will not be able to make your case."

I know that I need to show proof of my visitation being denied. I guess what I was looking for was what all should I bring and what could my ex say or use against me. I guess I should have worded it differently. Sorry!

- I have emails from my ex denying my visitation several times.

- I have phone records showing how often I have tried to exercise my phone visitations with my daughter.

- I have sent my ex two certified letters of Intent to Exercise Visitation.

- I have a police report showing that she didn't show up at the first requested visitation. (the second one requested is this weekend so I don't know if she will show or not yet. I'm assuming not)

- I spoke with an attorney and was informed that I can record conversations with my ex without having to inform her. I have not yet been able to record her since she hasn't answered her phone but I am still trying.

1. Is there any other evidence I should have?

[raymi]

If you'd like to post in "father's issues" I can share with you my extensive experience with contempt pro se regarding denied visitation.