Legal Question in Family Law in Mississippi

Re: Visitation issue

Q. Can I be arrested for this?

A. No. This is a matter that would have to be addressed in Chancery Court. It would be possible (not at all probable) that the Chancellor could order you to jail if he felt like you were in contempt of court. Such punishment is generally reserved for willful and obstinate refusal to follow the orders of the court. However, since the issue of transportation is not addressed in the original decree or modification, I can�t see how this would be possible.

The primary consideration, if this went back to court, would be which party has moved away. If you still reside in the same general area as the court of continuing jurisdiction (most likely where you were divorced), then in my opinion, your ex husband is responsible for all transportation and cost. If you moved away, then you would most likely be responsible for transportation and cost. If you have both moved away, then it is possible you would both be responsible for some transportation. I would add however, that judges rarely want to place a significant financial burden on the custodial parent, as the overall effect of this, is a reduction in child support.

If you have addition questions, please feel free to send me an email.

Happy Holidays!

Re: Visitation issue

You can't be arrested unless you are accused of a crime - which this isn't. Or the Court has ordered you to deliver the child under penalty of jail for refusing to do so. You didn't mention having been to Court on this issue, so don't worry about it.