Evidentiary hearing

[WhatToDo]

This case is in South Dakota.

My ex has been denying my court ordered visitation with my daughter for quite sometime now. I have been working with my atty to get a court date to try to show she is in contempt. I found out yesterday that we have an evidentiary hearing set for November 8th.

1. WHat can I expect/what could happen at this hearing?

2. I know my ex will try to get this hearing pushed back if possible. Is there a way she can get the hearing postponed?

Thank you again for your help!

[WhatToDo]

3. What is the most common thing that happens if a judge finds the person in contempt?

[socrateaser]

>1. WHat can I expect/what could happen at this hearing?

Court advises defendant of her right to counsel and to remain silent. You present your case, testimony, evidence, etc. Defendant present's her case. Judge rules, or takes ruling under advisement (thinks about it).

>2. I know my ex will try to get this hearing pushed back if
>possible. Is there a way she can get the hearing postponed?

Doubtful, unless she's got a doctor's note.

[socrateaser]

>3. What is the most common thing that happens if a judge
>finds the person in contempt?

Where custody is concerned, the judge will usually order make up time, and warn the defendant that if he/she doesn't straighten up, he/she could find themselves losing custody.

Court can also order community service or jail time, but this is rare on a first offense.

Also, if you win, you'll get your attorney fees from defendant (assuming defendant has any dough).

[WhatToDo]

Before I moved within 10 miles of my daughter,  I lived 300 miles away from her. (first week of august I moved here) My visits could only be once every month or every other month because I couldn't afford more. But after 4 months of that, BM started denying visitation.

BM said that my visits were traumatic on my daughter. (daughter was always happy and glad to see me and didn't want to leave me when it was time for her to go home) Then BM asked that I go to a sort of parenting class which I did. BM still didn't allow visitation.

Then BM said that I couldn't have visitation until my daughters therapist said I could.

Question

1. Do you think a judge would see any of those good as reasons to deny my visitation and phone access?

[socrateaser]

>Question
>
>1. Do you think a judge would see any of those good as reasons
>to deny my visitation and phone access?

The question is: what does your order say EXACTLY, re visitation? If the order leaves visitation to the discretion of the mother, then you are SOL. If the order says that you are entitled to visit under specific conditions and you fulfill those condition, then you are entitled to visitation.

If the order says that the therapist can decide, then the therapist can decide. If the order doesn't give anyone the right to decide, then no one but the judge can decide, and whether or not the therapist or the mother thinks it's a good idea or not i irrelevant.

Court orders are not optional. Failure to follow the conditions of the court orders is contempt.

If you want me to tell you exactly what you're entitled to, then you'll need to post the complete and EXACT text of your custody/visitation orders.

[WhatToDo]

IT IS STIPULATED that the defendant (me) shall have visitation rights with *daughter* pursuant to the South Dakota visitation guidelines, said visitation to be every other weekend from 8:00 a.m. to 5:00 p.m. on Saturday and 8:00 a.m. to 5:00 p.m. the following Sunday. No overnight visits shall be allowed. Defendant shall be responsible for transportation for the weekend visitations.

IT IS FURTHER STIPULATED that the defendant shall be allowed reasonable phone access to the minor child of the parties, and the parties are to keep each other advised as to the location of the minor child.

IT IS FURTHER STIPULATED that this stipulation shall remain in effect until further order of the court.



----I have not had a single visitation that meets these requirements and have not had visitation since April 2006. The visits were always shorter. BM refused to let me see my daughter for longer periods.
----I haven't been allowed to speak to my daughter on the phone since April 2006. Also, BM moved my daughter 300 miles away from me last year and didn't notify me of her address or phone number until 4 months after moving. I tried repeatedly to get the information from her lawyer to no avail.


1. I believe I know what I'm entitled to since the court order seems pretty clear. Maybe I'm missing something?

[socrateaser]

>1. I believe I know what I'm entitled to since the court order
>seems pretty clear. Maybe I'm missing something?

If she's violating this stip and the court ordered it, that's contempt.

[WhatToDo]

Thank you so much Soc. I feel I am much better prepared for court next week after getting your advice. Have a great weekend!