Visitation Question

[sirxamiel]

What is the name of your state? North Carolina

Here is the situation:

In Oct. My ex and I went to court for visitation. I live in georgia and she and my daughter live in Nc. The judge told us in court that the first overnight visitation be at my grandmothers house. When the weekend came for me to visit, my grandmother told me there was no room for us to stay, so I proceeded to get a hotel room. Upon looking at the court order, it did not state in the order that I had to stay at the grandparent's home, but rather I could not take the child out of the county. So the hotel room I got was in the county the court order said not to take her out of. The mother and stepfather came and got her when I was not looking and I did not get my overnight visit. She claimed that I was in violation because we did not stay at the grandparent's home. But it did not state in the order that I had to. Secondly, when my next visit came, which was over the christmas holiday, I was supposed to meet my ex at a designated location to pick my daughter up to bring her to Georgia to visit. My ex told me to send her IN WRITING my address and phone number. I attempted to do so, but also gave her the information over the telephone. When I went to pick my daughter up, they did not show up. She claimed that because I did not give her in writing my address and phone number, she decided to hold visitation from me. It does not state anywhere in the order how I had to give her the info in writng, but I did have to give her the info, which i did over the phone. But her husband (stepfather) claims that what the judge stated in the courtroom, which was recorded by the court recorder,and that the recordings overrides the finalized written and signed court order. I have obtained my attorney to file contempt of court. My question is this:
Was I in my rights? Do I have a legitimate contempt case against her? And what exactly can happen if she is found in contempt?

Signed:
A father in need

 

[stealth2]

Based only on what you said, it would seem that she was in the wrong, But I wouldn't expect more than the judge telling her to cut it out and follow the order as written. And I don't understand the "attempt" at providing your contact info in writing - either you did or you didn't.

 

[LdiJ]

What is the name of your state? North Carolina

Here is the situation:

In Oct. My ex and I went to court for visitation. I live in georgia and she and my daughter live in Nc. The judge told us in court that the first overnight visitation be at my grandmothers house. When the weekend came for me to visit, my grandmother told me there was no room for us to stay, so I proceeded to get a hotel room. Upon looking at the court order, it did not state in the order that I had to stay at the grandparent's home, but rather I could not take the child out of the county. So the hotel room I got was in the county the court order said not to take her out of. The mother and stepfather came and got her when I was not looking and I did not get my overnight visit. She claimed that I was in violation because we did not stay at the grandparent's home. But it did not state in the order that I had to. Secondly, when my next visit came, which was over the christmas holiday, I was supposed to meet my ex at a designated location to pick my daughter up to bring her to Georgia to visit. My ex told me to send her IN WRITING my address and phone number. I attempted to do so, but also gave her the information over the telephone. When I went to pick my daughter up, they did not show up. She claimed that because I did not give her in writing my address and phone number, she decided to hold visitation from me. It does not state anywhere in the order how I had to give her the info in writng, but I did have to give her the info, which i did over the phone. But her husband (stepfather) claims that what the judge stated in the courtroom, which was recorded by the court recorder,and that the recordings overrides the finalized written and signed court order. I have obtained my attorney to file contempt of court. My question is this:
Was I in my rights? Do I have a legitimate contempt case against her? And what exactly can happen if she is found in contempt?

Signed:
A father in need

I doubt she would be found in contempt on the first visit. Because the judge DID tell you that it was to take place at grandma's house. It may not have been in the order, but nevertheless the judge told you to do that. You really should have made proper arrangements with grandma so that it wouldn't have even been an issue.

She could be held in contempt on the Christmas visit...but why the HECK didn't you just get the information to her in writing? You couldn't have sent her an email?

Yes, you can certainly file for contempt and mom will certainly get a lecture at least for playing games....however you are playing them too.

 

[all4daddysgirl]

What is the name of your state? North Carolina

Here is the situation:

In Oct. My ex and I went to court for visitation. I live in georgia and she and my daughter live in Nc. The judge told us in court that the first overnight visitation be at my grandmothers house. When the weekend came for me to visit, my grandmother told me there was no room for us to stay, so I proceeded to get a hotel room. Upon looking at the court order, it did not state in the order that I had to stay at the grandparent's home, but rather I could not take the child out of the county. So the hotel room I got was in the county the court order said not to take her out of. The mother and stepfather came and got her when I was not looking and I did not get my overnight visit. She claimed that I was in violation because we did not stay at the grandparent's home. But it did not state in the order that I had to. Secondly, when my next visit came, which was over the christmas holiday, I was supposed to meet my ex at a designated location to pick my daughter up to bring her to Georgia to visit. My ex told me to send her IN WRITING my address and phone number. I attempted to do so, but also gave her the information over the telephone. When I went to pick my daughter up, they did not show up. She claimed that because I did not give her in writing my address and phone number, she decided to hold visitation from me. It does not state anywhere in the order how I had to give her the info in writng, but I did have to give her the info, which i did over the phone. But her husband (stepfather) claims that what the judge stated in the courtroom, which was recorded by the court recorder,and that the recordings overrides the finalized written and signed court order. I have obtained my attorney to file contempt of court. My question is this:
Was I in my rights? Do I have a legitimate contempt case against her? And what exactly can happen if she is found in contempt?

Signed:
A father in need

Don't get discouraged! It can happen and all judges are different. She may get more than a "slap on the hands", possibly fined. I would also request that she pay the attorney fees since the reason that you are there is due to her denying your right to visitation.

One question: Is there a reason that you can not take the child out of the county? I would think unless there has been a problem in the past that a judge would allow you to exercise visitation in your home.

 

[stealth2]

One question: Is there a reason that you can not take the child out of the county? I would think unless there has been a problem in the past that a judge would allow you to exercise visitation in your home.

I think that was only for the first overnight. He states that he was taking the kid to GA for the second visit.

 

[all4daddysgirl]

I think that was only for the first overnight. He states that he was taking the kid to GA for the second visit.

Thanks, I see that now. To the poster, has your address changed since the order was set? If so I would see why the CP requested the address. If not, I don't see the point. Also, you might consider waiting on filing. Give her a chance to get in gear and if not that will allow you more time for documenting. Maybe send certified mail the next few times letting her know that you will be there to pick up your child as scheduled. A judge may not say much with only one denial on her part.

 

[sirxamiel]

As far as tha "attempted" I tried to send her in the mail the Info, but it came back to me"No such address listed" She actually lives on the borderline of 2 towns, so i sent it to the wrong town. Right address, but wrong town. The reason the judge set the first overnight visit to be in the same county, is because the child has never spent the night with me or my family, so the judge ordered it to be in the same county so my daughter wouldnt be nervous about spending the night with me. She would do it in her own county so she would be comfortable knowing she was in her own town. Im not playing games, iI just want to see my daughter! I also have a 3 year old son who cries evrytime he wants to see his sister. I have tried to be reasonable with the mother, and all I want is to see her(my daughter) and my son build a loving relationship. Along with me of course. As far as planning at my grandmothers house, everything was fine until 2 days before the visit, when my grandmother informed me that she couldnt let us stay the night there. Kinda put me in a bind. But I had already told my family and son we were going to see his sister, and I was thinking of him as well.