QUESTION
Does my daughter have to send her daughter for visitation with her father if he's been arrested for domestic abuse against his wife?
Asked on Oct 30th, 2013 on Family Law - Iowa
More details to this question:
My daughter's ex was arrested for abusing his wife. My granddaughter was not present, but he did threaten his wife to take the other two children who were present and his gun and leave. There is an order for him to have visitation rights to see my granddaughter. My daughter is very fearful for my granddaughter's safety and has not been sending her for visitation with her father since his arrest. He has now told my daughter that his attorney filed a contempt of court order. Does my daughter have to send my granddaughter with him? The order for visitation took place in June of this year and according to what we've heard anything that happened prior to June is not admissable. He did abuse my daughter as well prior to the order of visitation.
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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A parent cannot choose to violate a court order without facing risk of a possible jail sentence. If a court has ordered visitation, the parent must provide the required visitation or face contempt charges.
The parent has 2 choices if he/she thinks the child is in danger. One is to involve DHS. DHS can take action to modify the order (at least temporarily). The other action is to modify the custody order by going back to court and getting the judge to modify the custody order in some way.
If you are concerned, I would contact an attorney immediately to discuss the case and the contempt action.
Answered on Nov 17th, 2013 at 4:44 PM