Legal Question in Family Law in Arizona
Wording in the court order.
I was recently remarried. My son from my first marriage calls my new wife Mom, much to the dismay of my ex-wife. When we went to court about a year ago to modify our visitation order, my ex-wife asked that the judge force us to find a new name other than Mom. The judge ''requested'' that this be done but did not order it. My son continues to call my wife Mom and my ex-wife is trying to find me in contempt for this. Is this a contemptable charge?
1 Answer from Attorneys
Re: Wording in the court order.
Thank you for your inquiry.
Without additional information, the best answer I can give you is that a person can only be held in contempt for violating a COURT ORDER (there are a couple of other factors involved, but the ORDER is imperative).
As an aside, you may want to make an extra effort to have your child differentiate between his mother and his step-mother (e.g. calling her "Mommy (name)," for two reasons. The first reason is somewhat legal in nature. Theoretically, your ex-wife can try to have the custody and visitation modified on the grounds of alienation (one parent coming between the child and the other parent).
The second reason is more "common sense." Your wife's reaction seems appropriate (though I cannot judge whether it is excessive) - pretend she had remarried and your child began calling another man "Daddy," and you know your ex-wife did nothing to correct him.
Aside from these additional considerations, I see no contempt issue if the court did not make an order.
If I can be of additional assistance, please contact me at [email protected] or (480) 792-9770.
/s/ Monica H. Donaldson
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