Legal Question in Family Law in California
Temporary Stipulation and Order
Myself and my spouce went to our first custody/visitation hearing one month ago.
We both signed a temporary stipulation and order which stated that I was to receive temp full custody and my x spouse was to recieve supervised visitation to be supervised through a professional visitation service.Pending our return from mediation and our return to court.
Since that time I have not heard from my spouce and am not able to locate her. I spoke with the professional visitation sevice and they have not heard from her either. Is she in contemp of court? What can I do legally? Is there anyway that I can file a motion to grant my custody and visitation request due to her non-compliance?
1 Answer from Attorneys
Re: Temporary Stipulation and Order
Dear Inquirer:
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Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, as well
as information about me (education, experience,
et cetera) and my office (location, hours, fees,
policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry. Your wife technically
may be in contempt of court, but contempt (especially
for failure to exercise visitation) is hard to prove.
You could set another OSC to modify the present
temporary order, or (if this is part of a dissoultion of
marriage) you could set the matter for trial and
try to get a final judgment.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.