QUESTION
If I file contempt charges, do I have to show up in court or can we do it over the phone?
Asked on May 05th, 2014 on Child Custody - Nebraska
More details to this question:
I have a custody arrangement with my child’s father. He hasn't done anything on it. He refuses to let me speak with him on a regular basis and now I am afraid he is trying to prevent me from seeing him this summer. I live out of state. We have joint custody and I don't have money to fly back and forth and he knows it.
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Many courts will allow you to appear telephonically, especially given your situation. Check with the judge and determine whether or not the court would allow that procedure.
Answered on May 07th, 2014 at 9:06 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, you aren't clear whether the "custody arrangement" is a court order or a private arrangement. If it's the latter, it's legally not valid and can not be enforced. Therefore there would be no basis for contempt. If it is a court order, then it is enforceable but only to the extent of the exact language (does it allow you to speak to the kid by phone?) Whether or not the court will allow a telephone appearance is up to the judge/court so make a motion and ask the court (via a call to the clerk) to appear by phone. If you don't have a court order, just a private arrangement then it's time to smell the coffee and get a real order.
Answered on May 07th, 2014 at 9:06 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The answer to you question will depend on the Judge. Each Judge is different as to when they will allow a telephonic hearing.
Answered on May 07th, 2014 at 9:06 PM