Legal Question in Family Law in Kentucky

court orders

The father of my son has come and gone. He disappeared when my son was 3 months old for about 15 months came back for about that same amount of time and now has not seen him in 4 months. He has lied about contacting me by phone. We have both cancelled visits and my son started saying things about his father that concerned me so I involved social services and have not let him see him but he has not made a big deal about it. He has threatened legal action because he says I am in contempt of a court order. What could happen to me if we go back to court? I have kept my son away from him because my son did not want to go with him because he said his father hit him ans said horrible things to him. Can I go to jail for trying to protect my son? He is also $4350 behind in child support


Asked on 4/11/07, 3:25 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: court orders

First, don't connect child support and visitation, especially not in front of a judge. Many bristle at even the hint of a notion of a dad having to buy time with his child.

Now, the important part. Worst case scenario is that you could go to jail for contempt, but this is incredibly unlikely at this stage. If he took you back to court, you would be able to explain why you took these actions. The judge is likely to scold you and lecture you on how you should have filed a motion for restricting visitation due to serious endangerment to your son. At that point, the judge might warn you that further refusal of visits will amount to contempt. The other alternative would be that the judge believes you and has a full hearing on visitation.

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Answered on 4/12/07, 7:47 am


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