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Nov 07
2009
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Ask a Lawyer: COMPTEMPTPosted by Dads Divorce in Visitation , Parenting , GA , custody , Ask A Lawyer |
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Dads Divorce - Free custody and alimony advice for men and fathers.Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> Visitation
Question: I have custody of my 9 year old daughter. I have had custody for about 4 years. My ex wife is always doing things against the court order. Can I file contempt without lawyer? Answer: Every state will have differing laws on this issue. I am not licensed in Georgia so you should consult an attorney in your state before taking action. Most states will allow you to represent yourself. Keep in mind that you will be held to the same standards that attorneys are if you chose to go it alone. If the contempt is non-payment of child support contact your local prosecutor. Many prosecutors will assist in the enforcement of child support at no cost. If the contempt is something other than support contact your local bar association or legal aid for guidance. There may be low or no cost attorneys available or free forms. Keep in mind that if your ex is in contempt it may be possible to get an award of attorney fees.
Not every parent is granted primary physical custody or determines that retaining physical custody is in their child’s best interest. If you are not awarded physical custody or determine that it is in your child’s best interest that he or she should live with their mother the majority of time, there are still issues you need to consider in setting your visitation time with your child. Remember you want to maximize the time you do spend with your child. First, I have had numerous clients tell me that the parties have agreed to just decide as they go as to the schedule. Dad will see the child whenever he likes. Or mom will let me see him on my off days. The parties are getting along now and they do not think scheduling visitation will be a problem so there is no need for a schedule. I always advise them that a “fall-back” schedule is needed.
Question: I want to get temporary custody of my son. I have already filed the paperwork but my soon-to-be-ex now wants to take my son back since the divorce has started rolling. Obviously, I want to make sure he stays with me. What can I do to make that happen?
Question: Is it legal for my fiancé’s parents and mother in law to deny him his son's phone number and visitation rights? Right now he is not allowed to call his son or to take him out alone. These are the rules of the grandparents, not of the court. There is no court ruling him to be an unfit parent or anything else for that matter. The child just lives with the grandmother in New York while the father is in Maine.
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