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Citation I received...I am confused

Started by tslmommy, Jan 01, 2004, 08:30:11 AM

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tslmommy

How can someone file a citation for no reason?  My X filed a contempt citation on me and the reason just states "for visitation" (although visitation was mispelled as visition).  This was filed pro se, I assume, since no attorney is listed on there.  Also, X's name wasn't listed either.
It was hand written in my name and address and the reason.  The Clerk's office hand wrote in the court date and time, etc.

How can I prepare for this when I do not know what he is accusing me of?

Dad hasn't been around by his own doing since end of June 2002.  Been in jail 3 times that I am aware of for failure to appear (twice) and then failure to comply with court order, pay support.  

The only time he would see son was when X's grandmother would come and get son and would sneak son around to track down the father and let them see each other.  

Again, I didn't deny any visitation.  When dad was in jail for 60 days it was then I knew he was still in town (he ran to Kentucky for a while to aviod paying support and other problems) I got a message to him to call me from jail so we can talk things over.  He called one day collect and we talked and he said that he would straighten up and start doing his responsbilities.  When he got out we would meet to discuss our son and to figure out how to start visitation up again.  To get it back to the standard guideline amount by the Holidays.  We did finally meet about 2 to 3 months later by MY contacting him again (he didn't call son that entire time again).  We meet and discussed issues.  First thing he brought up was adoption.  Letting husband adopt son.  X had another child (result from affair he had while we were married) and his current GF (who is still legally married) was pregnant with they assume, as his child.  He was worried about his finances, etc.

We talked over the phone (by me tracking him down again as he never informed me of where he resides and no contacts) later concerning his visitation with son.  He uses excuses that he can't afford to come and get son (we live in same town, he lives in town and I live 15 minutes out of town), or his car is broke down.  Even when I offer to bring son to town he still can't get to the meeting places!  He has told son this over the phone when son asks why he won't visit.

That is just half of it.  He doesn't have a place he lives.  As far as I know he still lives through the week at his Grandmother's (they won't let the married GF stay with them) and on weekends he lives wherever his GF and him can stay at.

Son says GF is mean and hurts him and he doesn't want to go if she is there.  That is how this all started.  Dad always let son decide if he watned to visit, when, where and for how long.  The summer of 2002 son was there for the extended summer visit (first time ever that dad exercised this for more than a week...son was almost 9 at this time).  Dad would go to work and GF was to keep son.  Son just lost it and called and begged me to not let him stay with her anymore.  I talked to dad adn I started to meet dad at work in the AM and pick up son and kept son while dad worked.  I would bring son back to town when dad was off work.

Son was stating how he always smelled funny stuff while there.  At one  place dad lived with a ton of other people in a 3 bedroom house, about parties and being locked upstairs with just a bucket for a restroom.  No running water in that house either!  

Those are just a few things.

Questions:

1. Should there be more of a reason listed than just "for visitation"?

2. Can son speak to the Judge?  He has asked this to happen.

3. Can I submit the mental health summaries as evidence as to what was occuring according to what son stated to doctor?  Also, to show the mental pain this is causing son?

Thanks!

nosonew

Sounds like he is trying to get you for contempt for denying visitation.  Although usually I would think the dates/times would need to be listed.  
Do you have an attorney?  Can you afford on?  If he is going pro-se, it would probably be okay for you to go pro-se also.  The judges are usually a little more lenient on legal stuff when you are pro-se.  And I would imagine that you would both be called to the stand to testify about what has been going on.  

How old is son now?  If he is younger than 12-13, judge may not want to talk to him to keep him out of the middle.  But you could have your son write a letter stating his feelings about the matter.  

Just have any and all correspondence you have with you.  Make a list chronologically (by date) of everything you can remember, include jail info too, who, where and when's.  Also explain that he is actually the one in contempt for not following court orders by seeing his son!  Unless the c.o. states "may change visitation by both parties agreeing on a different schedule.." or something to that effect, would get you both off the hook.  And, cs and visitation have nothing to do with each other.  Whether he has paid or not, visitation cannot be denied.  

Good luck, let us know what happens.  When is the court date?

gipsy

Basically a Guardian ad Litem is appointed On behalf of minor child , Thats the courts way of finding out what is going on ,Here in wash As In My case I did not even get visits untill the commissioner saw a GAL report ,My atty explains < the Judge or commissioner doesn't have the time to go out and see whats going on , So they appoint a GAL for the childs interest ,
      Find out if your state uses CASA or the GAL process ,And if he's Bull$ing Then the GAl usually wants to visit each persons house , And talk to like three witnesses and the child , then the GAL writes a report to the judge ,
  But as for now you have to respond or he could " get a default on you <