My ex has been served three motions to show cause for contempt for breaking the temporary custody order, our permanent custody hearing is in December. It looks like there could possibly be a jail sentence associated with that. What are peoples experience on the bearing this will also have on custody, distribution and support? Thank you.
If the court determines that the other party has violated the temporary custody order, the judge could order jail time, fines, or both.
Depending on the exact violations and assuming the judge finds the other party in contempt, then at the permanent custody hearing, the judge could craft a permanent custody order which addresses the areas of contempt (for example, if the other party is always late to exchanges, the judge could order that the exchanges be at a different time, different location, different day, less custodial time for the other parent, etc.).
Violations of a custody order will typically be irrelevant to any final decisions or settlements in equitable distribution, alimony, and child support.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
The first one they picked up one of our kids from school on my custodial time without permission. When I confronted them on text message they challenged me to call the police on them. The second one they wouldn’t let me talk to my kids on the phone, then sent out an email stating when I would and wouldn’t be able to talk to them in the future. Third one they prevented my children from talking to me while they were on vacation by taking away the phone I bought for them.
Their lawyer has moved the final custody hearing and date for addressing these three motions to the week before Christmas. I assume hoping the judge wouldn’t sentence them to jail over Christmas. Can I ask for a delayed sentence, that they begin serving it in January possibly?
At a contempt hearing, if the judge finds the other party to be in willful violation of the court order and the judge wants to impose jail time as punishment, you can suggest to the judge a delayed jail arrival due to the holidays.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.