I have a date in a Motion to Show Cause, and have a later date to modify the custody agreement. Showing that the ex has not followed the current custody agreement should be straightforward. The ex has drank to excess on multiple occasions while caring for the child, and I have witnesses. This is explicitly prohibited in the custody agreement. If the ex is found to be in contempt, what kind of penalty might the Judge decide is appropriate? What bearing can that have on modifying custody? There is currently a 50/50 custody agreement, but I want to have primary custody based in part on the ex’s inability to follow the current agreement - specifically drinking and using pills to the point where they are unable to care for the child.
The specific remedy will be up to the judge and may range from a suspension of visitation to mandatory substance abuse counselling. Depending on the severity of your ex’s problem this could have very significant implications in your modification hearing.