I am sorry to hear about your situation. Unfortunately, it will be solely up to the judge to decide if your former wife is violating the current Order. Any number of things could happen, including a change in custody or a modification of the current visitation schedule. Your current wife and her involvment can certainly be brought up during the trial, simply because the judge has to make a decision based on all of the facts. As long as she is not doing anything to interfere with the custody schedule, then you shouldn’t have anything to worry about. As far as expense is concerned, any court action is going to be a costly endeavor. However, with a custody action, you may be required to attend mediation before you go before a judge. This will allow you and your former wife the opportunity to settle the issues before the matter reaches a judge, and before you spend a lot of money. You should talk to your attorney about mediation in your county.
Good luck!
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax NCdivorce.com
email: sstanback@rosen.com
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 but a full discussion with an attorney should be undertaken before taking any action.
We have already been through court preceedings and custody/visitation had been set. She has full custody and I have visitation every other weekend. We have already been through mediation with no results. My ex is VERY hard to get along with. I guess my concern is, I do not want to drag my wife into this, this is my matter. And, can filing a motion for contempt of court every time she does this prove a track record?
quote:Originally posted by hmartinsvd My ex and I have a son together, I am remarried. She got very angry with my wife and I because I refused to change my weekend around so she could go out of town. The reason being every time I switch with her it is constant confusion to get back on track. Well, I received a letter from her attorney stating she was no longer going to allow overnight visitation because my wife has interfered with custody and visitation, I am unwilling to work with her when special events occur and our son has made "spontaneous statements" which lead her to believe we are saying "bad" things about her in front of him. Now keep in mind my son is almost two years old and had a VERY limited vocabulary, so even if we were talking bad about her there is nothing he could repeat. He hardly says a word IF he even talks. That very next weekend when I went to get my son, she refused to let me have him.
I have now filed a motion for contempt of court. I am also going for attorney’s fees because we cannot afford to keep shelling out money every time she gets jealous or is in a bad mood! What, if anything could possibly happen? I just started getting my son the whole weekend because of his young age, so every little bit of time counts. Can custody evey be reversed? What are my chances of getting joint custody, and is it very expensive? I love my son very much as so does my wife, but she does realize that she has to stay out of things, which she does. Can anything be said about her? My wife is a wonderful person and treats my son like a prince. Some advice and opinions would be appreciated. Thank you…
My ex and I have a son together, I am remarried. She got very angry with my wife and I because I refused to change my weekend around so she could go out of town. The reason being every time I switch with her it is constant confusion to get back on track. Well, I received a letter from her attorney stating she was no longer going to allow overnight visitation because my wife has interfered with custody and visitation, I am unwilling to work with her when special events occur and our son has made “spontaneous statements” which lead her to believe we are saying “bad” things about her in front of him. Now keep in mind my son is almost two years old and had a VERY limited vocabulary, so even if we were talking bad about her there is nothing he could repeat. He hardly says a word IF he even talks. That very next weekend when I went to get my son, she refused to let me have him.
I have now filed a motion for contempt of court. I am also going for attorney’s fees because we cannot afford to keep shelling out money every time she gets jealous or is in a bad mood! What, if anything could possibly happen? I just started getting my son the whole weekend because of his young age, so every little bit of time counts. Can custody evey be reversed? What are my chances of getting joint custody, and is it very expensive? I love my son very much as so does my wife, but she does realize that she has to stay out of things, which she does. Can anything be said about her? My wife is a wonderful person and treats my son like a prince. Some advice and opinions would be appreciated. Thank you…