QUESTION

What happens if I don’t send my children to a court ordered visitation out of state since he has been in jail at least 3 times in the last 6 months?

Asked on Jun 11th, 2014 on Child Custody - Wisconsin
More details to this question:
He is just currently getting out after being there for over 3 weeks. Charges include burglary of an unoccupied home, grand theft, on 4 counts, now is on probation, has to drop for drugs now since he has been a heroin addict for the last three years which is why I divorced him in the first place.
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6 ANSWERS

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You can be held in contempt. What do you mean "has to drop for drugs?" If he is using heroine now and you have actual evidence, then go to court on a motion to suspend visitation until he cleans up. His criminal convictions are not violent crimes and will therefore not make a huge amount of difference in whether he gets time with the kids or not.
Answered on Jun 12th, 2014 at 4:30 PM

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Bankruptcy & Debt Attorney serving St. Augustine, FL at St. Johns Law Group
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Your children's father could file a motion for contempt for your failure to abide by the court's order, but in your case, I believe it is justified. That being said, you should immediately file a motion to suspend his visitation and perhaps even a petition for modification to get the order changed. You have to take immediate steps to protect your children if you feel like they are in danger. It sounds as if they could very well be if you allow them to visit with the father.
Answered on Jun 12th, 2014 at 9:22 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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It would be my suggestion you file an application to modify the decree, terminating the parenting time, setting forth the reasons you have listed.
Answered on Jun 12th, 2014 at 8:18 AM

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There are a few likely consequences. The most likely negative consequence would be if your ex petitions the court to enforce his rights to custody. You would then have to go to court and explain why you did not follow the court's order regarding custody. While this could result in you being held in contempt (likely necessitating fines or possibly minimal jail time) it sounds like your excuses could prevent this from happening. I would recommend contacting an experienced attorney and bringing an action to change the current custodial arrangement. It sounds like you have a very strong case that it is not in the best interests of the children to be spending time with your ex.
Answered on Jun 12th, 2014 at 7:55 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You are in contempt of court. Get the order changed. He was an addict and probably a thief when you divorced him. Jail appears to be the only thing that changed, except your willingness to send the child to him.
Answered on Jun 12th, 2014 at 7:51 AM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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You could be found in contempt of court if he files a motion. You will need to show the court that your behavior was reasonable.
Answered on Jun 12th, 2014 at 7:44 AM

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