Legal Question in Family Law in Mississippi
Dual Contempt in Child Custody
Non-custodial ex-wife just spent a week in Behavioral Health after blacking out from drinking, not the first time. Last year she tried to commit suicide. She is in arears to the tune of $5000+ in her child support. If I frustrate visitation until I know she is stable this creates a Dual Contempt.
(1) Does child support continue to be due in this situation?
(2) What are the chances a Judge will hear a Dual Contempt?
(3) What legal process do I need to initiate to put a permanent injunction in place?
I have done the song and dance with the arearage twice already and to no avail. She gets the normal slap on the wrist and told to do better. This time I feel that she is unstable enough to endanger my sons' lives and her own. Thank you for your time and answers.
1 Answer from Attorneys
Re: Dual Contempt in Child Custody
(1) Does child support continue to be due in this situation?
A. Child support will continue until a Judge modifies it.
(2) What are the chances a Judge will hear a Dual Contempt?
A. I would say the odds are very good. You have no right to modify the order of the court on your own. If you engage in this activity, you do so at your own peril.
(3) What legal process do I need to initiate to put a permanent injunction in place?
A. Nothing is ever �permanent� when it comes to child custody. However, given the circumstances you indicate, clearly a modification needs to be filed.
Let me say that my heart goes out to you and your family, including your ex-wife. Please remember your children need a relationship with their mother. Children need relationships with both parents provided their safety is not at risk.
In my opinion, your family needs counseling more than anything else. You can�t fix this situation on your own. To insure the best result possible, you will need professional help and not just from your attorney. Your children are caught in the middle of this and they love you both. Let them know that is how they should feel and that you are OK with it. To be the best custodial parent you can be, you must love your children more than you disklike (or hate) your ex.
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