Modification or contempt?

North Carolina Divorce Law Divorce and Separation Answers
#1

I am considering using your online self help portion of the site, but I do not know what to file first or if I can file both of my issues together.

History is on numerous occasions I have had to spend a Monday in a doctors office with our small child due to him being sick, in each instance Dad did not bother to let anyone know that our child was sick. I won’t mention the fact that he should have sought medical attention IMO.

One instance our child had a 104.3 fever and was diagnosed with RSV
Another our child had a bleeding rash on his behind
The most recent was today when I was again called to the daycare because of another nasty rash on his face and behind, but the entire diagnosis was a double ear infection, sinus infection, eye infection and a yeast infection on our childs face and behind. These along with a few others, Dad never bothered to let me or even the daycare know that our child may need medical attention, I mean this time how do you miss yellow goo coming from a child’s ear, green goo coming out of his nose and green goo in the corners of his eyes not to mention the red blistery butt and face?

Do I file contempt for failure to communicate since it is in our order, this is a child’s health and start a paper history or do I file modification to reduce time, or order him to seek medical attention and force the use of Our Family Wizard? Or can I file it all together? I am at a loss. I know my county allows for the judge to order us into mediation for free which would help too.

#2

Sometimes it is appropriate to file for contempt and modification at the same time. You can use the ways the other party is in contempt as reasons for the modification of pernament custody. If you choose to use Rosen Online, we can discuss the specifics of your case and help you determine a proper course of action. www.rosen.com/diy/

#3

As soon as I get paid I will be using your diy portion. But I’d like to know what the climate is in most our courts when a jusdge’s order states ; “Parties shall strive to communicate in matters relating to the child”. What is the general rule of thumb I mean. Example, One parent constantly uses communication to threaten criminal charges and accuse criminal conduct. Or uses communication to reinterpret the order how ever it fits at the time. But does not use communication to actually say the child is sick and may need or does need medical attention. Also tries to force their specific form of communication that changes any proof to a he said she said situation. My X has ordered me to only use phone communication he does not open emails and has blocked text, if I use those he refuses to answer or even open them.

#4

Judges are very familiar with how some parties act. If you can show attempts at meaningful conversation well-documented and you can explain that the other party does not provide you with information or communicate in good faith of the court order, you may want to include a request in your motion that the parties use something like Our Family Wizard to communicate so all emails can be tracked.