Legal Question in Family Law in Michigan
My husband has a child from a previous relationship. The child's mother is the custodial parent and has refused (for the child's whole life - 5yrs) to comply with the courts visitation orders. She disobeyed the latest order so we filed a show cause where the referee found her in contempt but gave her yet another chance to comply. It's been 7 months and she's only produced the child once and the only contact she makes are via text message saying "you better send my money (meaning child support)". The referee ordered that if she violates again, another show cause can be entered directly before the judge for sanctions to be considered. Is the only sanction jail time or are other things like make-up parenting time, change in custody since she won't comply or child support reductions that can be considered? What are the judge's options for sanctions?
2 Answers from Attorneys
Is there an attorney handling this case for your husband? It sounds like he's really getting run around a lot and I see that most often when people try to practice law in the court on their own. The judge has many options for sanctions including jail, fines, make up parenting time, etc. Your husband should have a very experienced, aggressive attorney fighting for him. You can read more at:
www.MidMichiganDivorce.com
PS If the case is in Detroit, I recommend Attorney Hayley Silverberg at 248-357-4888.
A change of custody may not be ordered as a contempt sanction. However, fine, jail, make up time are all options. The question here is what do you want? Your pound of flesh ? Or you can use this violation to gain leverage i.e. a change of custody may be changed through a consent order. I routinely handle these matters. Contact me to discuss.
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