Will my children's father be held in contempt if he does not take his children on his court ordered custody days?

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He wants less custody/parental responsibility than originally agreed upon. I am wanting more custody/parental responsibility but he does not want to pay more child support so he is unwilling to work with me to change the court order. In effect, he is changing the custody on his own by not having them on his days. I'm receiving a much lower amount of support than I should as a result. What action should I take?

2 Attorney Answers

Best Answer
you need to talk to an attorney about filing a motion to have him held in contempt, or, in the alternative, and probably more likely, to modify the custody order to reflect the actual visitation schedule he is exercising. to be successful, you need good documentation of what days he is supposed to have them, what days he actually had them, how much notice you got that he was not going to follow the order and his stated reason for cancelling or shortening the visitation. And you need to have at least several months of this behavior. Finally, you should expect that when you file, and serve him, he will start exercising every minute of what he is allowed to exercise under the order. So, you have to ask yourself if you want to take the extra time and lose the additional child support, or take him to court, pay an attorney, and possible end up where you are now, but without the extra time with the kids. I am not saying that is fair, just pointing out how he might react to your motion. Talk to an attorney in your district about your options and how a judge in your county would likely address the issue.
Best Answer
Probably not. custody rights are a right, not an obligation. You cannot force someone to be a good parent. You can force child support, but not parenting. The other issues brought up in the prior response are valid but relate to other motions other than contempt

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