Legal Question in Family Law in Mississippi
Mother in contempt
I have a ten year old son that I have been paying child support since his birth. I got a local Alabama attorney for parental rights. My son's mother never complied to the court order. When I got out of the Navy, I filed a motion for contempt. She didn't show up for that hearing and was jailed. The judge warned her that he would not be happy with her if she didn't comply She abided by this one for two months before she stopped my mother and I from receiving visitation. I don't have an address or contact number for her or my son because she moves around so often. I wanted to wait until I finish college at Jackson State University here in MS, before I pursued full custody, because I work full-time and I'm currently in the Navy Reserves.
Can I file in MS or does it have to be where the case originated? What can I do to prevent her from moving farther to another state. How much will all this cost.
I will graduate at the end of the fall semester of 2003. I don't think she finished high school. So I will put more of a premium on education that she would. I am tired and frustrated with filing all the contempt and partial custody motions because she doesn't adhere. Any help would be greatly appreciated.
1 Answer from Attorneys
Re: Mother in contempt
Under the Uniform Child Custody Jurisdiction Act, you would file in the state in which the child has resided for the past six months, not the state where the divorce was originated. If the mother continues to interfere with custody, there is authority that such interference would be sufficient for a change in custody. You need to keep doing what's best for the child even if it is tiring. Maybe there is something that will be more effective than having her repeatedly held in contempt, financially burdened by court costs, and temporarily jailed. You might also seek the advice of a marriage counselor.
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