considering contempt action

[blakef123]

hello all

please help iwas divorced in 1995 and from the begining visitation was an issue the x has constantly changed pone #s every time i discover the number it is changed and contantly refuses any attempt to contact our daughter this has been going on sience 1995 let me also add there is no court order restaining me from effecting visitation.i started in a letter writing campain starting in 1996 to try to reestablish visitation
to no avail now i dont even know if she is in this state or not i have
3 3inch binders full of refused certified letters and when she did sign them  they were "f off " and "bite me " several of these leters were insurance cards that were orderd in the divorce decre
i dont have the money to hire a good atourney and considering filling a contemp action my self but im confused if i dont know where to serve the action what am i to do
sorry for the lenhth of this post but i felt some back round was nessecary
thanks in advance

[patton]

1. Do you have a standard court order for visitation?  If you do and she is denying you visitation then she's in contempt for each time she has denied you.  YOU will have to prove and have hard evidence she denied you. Because she will LIE in court and they will believe her if you don't have evidence to contrary.

2.  Also read your order very carefully.  Does your order have a clause in there about her letting your know her phone number and residence at all time?  This would be a contempt also.

3. Is there a clause in the order that she has to inform you if she has moved?  Most order have this.  If she has she's in contempt on that one too.


You will need to list them like:

Violation 1.  Denied visit such and such date.  Sent letter. (The Judge is definately NOT going to like the language on the letters)

Violation 2. Denied visit such and such date.

Violation 3.  X will not let me have current phone number.  When I get the current phone number she changes it.  (This one I hope you have kept a list of the numbers she's had)  A copy of a phone book page or something off the web showing the old numbers.  The phone company could be made to produce this info, but it would be expensive.

4. Do you still pay child support?  Do you know what address it goes to?

The medical issue may come back and bite her in the butt, if she thinks saving up medical bills will be dumped on you.  Most of the time there's a 30 day limit on submitting bills to the other party.

Also what state are you in?  Maybe someone from that state can give you a little more information on how the Judges in that area view contempts of court orders.

[blakef123]

i live in georgia
and my child support goes to the almighty cse
the answer to all the questions above is yes

[patton]

Then if your case is in Georgia. I'd go for it.  I'm not in Georgia.  I'm in Texas I took BM to court for contempt and won 5 of 6 against her.  She was put on 5 years probation, had to pay 1800.00 in my attorney's fees and a couple of minor items in the order were revised.

One she lived in a gated (juvenile detention are) and she would lock me out. The Judge said NO way I had to go there again...meet at McDonald's.  It's written into the order now.

I had to pay my attorney up front, but she had to pay my attorney and the attorney will reimburse you.


To make a long story short, I also have sole custody now.  She didn't want to pay the 1800.00 and she didn't want to be on probation, so 3 months, later she signed over sole custody to me and we have a new agreement now.

There's several on here from Georgia...so maybe they can help you out with the particulars.


 

[blakef123]

thanks for the help and more the hope

[mango]

In our state you go to the the court house, ask the clerk of courts for help and they can help you fill the forms out. Someplaces they are on the internet.

You could also go to an attorney's office and ask the legal secretary to help you with the paperwork, at a lesser fee.

Some attorney's will help you represent yourself. Get advice and go yourself to court.

Good luck. I think you will do well.