Contempt of Court

[hooper]

I am NCP. All parties reside in MS. I have joint physical and legal with EOW visitation and 1 weekday overnight visitation every week. Child is now 10. Sorry for the length of the post.

CP started denying visitation to my wife when I was out of town working. CO states that my wife can pick up and drop off my child. Her reason was because the order didn't say my wife could "keep" the child. My wife and I have been married 6 years and together for 8 and we have 2 other children together.

Hired Atty1 that said CP could not do this. Atty1 called CP's Atty and reported to me that CP could deny the visitation because CP's Atty said so.

Hired Atty2 that said CP could not deny the visitation. Said he would research the issue and if he couldn't find anything he would file a motion for clarification. Couldn't find any previous ruling addressing this so he called CP's Atty. Atty2 said that if we file a motion for clarification, CP's Atty would counterfile for all atty's fees and other sanctions for bringing a frivolous suit so Atty2 said we shouldn't file.

CP would not allow me to make up my time when I returned to town. Then CP starting denying my visitation even when I was home.

Hired Atty3 which is who we have now. Filed Contempt charges for time I was out of town and at home. CP counterfiled for increase in CS and to take away my weekday visitation due to homework not being completed and the midweek visit being distressful for my child.

Have taped phone conversations where she denied visitation and refused make up time. Also have letters that she sent denying visitation because she had plans. Subpoenaed my child's teacher that says child has always turned in homework and hasn't shown any kind of distress and that she told the CP this also. My child is a straight A student.

CP's Atty withdrew due to CP's lack of cooperation. She hired another attorney. Case came up in March. CP and her atty wanted to meet to come to an agreement because they didn't want to go to court and asked what I wanted.

Asked for her to start following the orders. She agreed to let my wife keep my child if I'm out of town and 6 days make up time even though it was only a fraction of what was denied. Also asked for medical bill reimbursements that were not paid to me. This was not brought up until this meeting but added it to save time because my atty would file for it if not addressed.

Did not address CS increase as I was on unpaid medical leave and did not know what my employment would be after surgery. Started a new job after surgery. Received 3 paychecks to submit for CS increase which would be another $20 a month. Made copies of the paystubs to give to my atty but before I could actually take them to him she denied 5 more days of visitation and said I could make them up whenever.

Set another court date and had her served. Her atty asked Atty3 for meeting to discuss coming to an agreement. I wanted 20 make-up days which is still only a fraction of the time denied to me and atty fees for having to set this court date and having her served. Basically the atty fees incurred since the original but unsigned agreement.

Her atty said HE would not sign it and see Atty3 in court. Also that he didn't think that I needed the weekday visitation. I get a call from Atty3 relaying this to me and says we should settle because we don't want to lose the weekday visitation. Huh?

I'm beginning to think there is a conspiracy against fathers in this small town. My options are limited and I don't want to start over with a new atty. I've always been told that the judge is biased on the side of mothers. I'm beginning to think that the attorneys are too. I thought this would be a slam dunk case but apparently everything is still biased against me.

1. What are the odds that the judge will take my weekday visitation away even though the CP cannot prove that it is detrimental to my child?

2. Was my request for atty's fees and more make-up days unreasonable?

3. Does my wife have the right to exercise my visitation when I'm out of town?

4. Since she does allow most visits, would the denial of visitation not be considered harmful to my child?

5. Should I go to court or settle this by only adding the additional 5 days to the previous agreement for a total of 11 make-up days which is what she wants?

6. Will the judge consider the agreement that we reached in March even though it wasn't signed?

Thanks in advance for any help you can give me Soc,
Hooper

[socrateaser]

>1. What are the odds that the judge will take my weekday
>visitation away even though the CP cannot prove that it is
>detrimental to my child?

Ask your attorney to state the legal basis for his belief that you will lose anything in this contest, or to tell you what he knows about this particular judge that leads him to believe you will suffer a reduction in parenting time.

There are no "odds" in this situation. There is only what this particular judge has done in past similar circumstances.

>
>2. Was my request for atty's fees and more make-up days
>unreasonable?

No.

>
>3. Does my wife have the right to exercise my visitation when
>I'm out of town?

If you have joint custody then yes. If you have visitation then no.

>
>4. Since she does allow most visits, would the denial of
>visitation not be considered harmful to my child?

You're talking "visit" here. People with joint custody don't "visit." They exercise their custody rights. Visitation is a non-delegable license to have contact with the child. Custody is the delegable authority to care and control of the child. If your court order uses both the words custody and visitation as if they were interchangable, then the order is badly drafted and needs to be clarified.

There is NO visitation, by a person who has custody, and NO custody by a person with visitation. The words are mutually exclusive concepts.

As the obligor parent, you should NEVER use the word visitation, because it indicates that you don't believe you have custody.

>
>5. Should I go to court or settle this by only adding the
>additional 5 days to the previous agreement for a total of 11
>make-up days which is what she wants?

I think you should go get that contempt, clarify the order so that there is no misunderstanding about what sort of custody you have, and hopefully cause the other parent to shut up permanently.

>
>6. Will the judge consider the agreement that we reached in
>March even though it wasn't signed?

No. In most jurisdictions, only the party can agree to a stipulated settlement. The attorney must communicate all offers to his/her client, and let the client decide.