Legal Question in Family Law in Mississippi

Re: Don't want to go to other spouse

Your email was posted on 10/25/01 and emailed to me on 11/22/01 for consideration of a response. This response is not confidential and is limited in size to 3000 characters. It is based solely on the facts presented in your email, my general experience, and my resulting opinions. This response is not based on any supporting examination of the law, and it forms no attorney-client relationship.

Generally, to avoid a finding of contempt, ask the court beforehand for a change in visitation if a substantial and material change in circumstances has occurred. To avoid being held in willful and contumacious contempt of the court's order, get a written agreement with the other parent about how to address the child's actions, and abide by that agreement. If that is not possible under the circumstances, involve professional help such as family counseling, social services, physicians, and the police if time permits. If there is an emergency, try to involve a disinterested witness if possible. Alternatives to disinterested witnesses could include tape recordings, writings, and video. As soon as the emergency is over, seek relief from the court.

In your case, I would suggest you counsel with the father about the situation to reassure yourselves that the current arrangement is the best that can be done for the child under the circumstances. You might consider professional counseling for all reasonably available family members. If you think something must be done about the situation other than talking with the father and child and you cannot obtain the father�s cooperation, you should decide what must be done that is in the child�s best interest, collect proof of the circumstances that require changing, and seek the assistance of an attorney for a modification of the visitation arrangements. Jurisdiction is in the State where the child resided for the last six months.