Legal Question in Family Law in Kentucky

contempt or not?

The bio dad of my son has not seen him since Dec 06. He cancelled a w/e because he was sick and his next 2 scheduled w/e I cancelled for my son being sick. My son around that time was coming home saying his father was calling him a stupid f**k hitting him in the head and balling up his fists and hitting him in the arm, gave him beer etc. i filed a report with CPS and they said because there were no injuries or marks there was nothing they could do. He claims he calls me all the time and I wont answer the phone. He has not called me since dec. He has emailed a couple times about seeing my son. I had requested back in March for his lawyers info because he claims his lawyer has attempted many time times to send me papers. I have lived in the same address for over 2 years. He has had numerous addressed, phone numbers and was fired from his last job for criminal reasons is what I was told by his former boss. I have still yet to let my son see him not knowing where he lives or how to get in contact with him except by email. He has not tried to contact me since April 10. How much trouble can I get into trying to look out for the safety of my son? Is there some way to make it to where he has to show residency & job for an amount of time?


Asked on 4/30/07, 10:59 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: contempt or not?

There is the technically correct answer and the most likely answer. The technically correct answer is that you could be held in contempt if you refuse to comply with court ordered visitation.

The most likely answer depends on who your judge is, but most would understand why you did what you did and not hold you in contempt. Instead, they would likely admonish you to not do it again and threaten contempt if you do. THERE IS NO GUARANTEE OF THIS THOUGH.

The smart thing to do if you had the resources would be to make a motion to restrict visits because of serious endangerment to your child. You have to decide which course you will take.

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Answered on 4/30/07, 11:34 am


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