Legal Question in Family Law in Missouri
Divorce decree disobedience
My brother's divorce decree stipulated that his visitation with his minor children ''had to take place where he was stationed''. He is currently serving in Germany and was only stationed in the states for a short time after the divorce. His ex-wife has since remarried and wants my brother to give the kids up for adoption by her new husband.
Since he did not have the kids where he was stationed during each visitation, she is threatening him with Contempt of Court if he does not allow the adoption. He is concerned, that if he is convicted of Contempt of Court, that it would be a felony and he would possibly have jail time. If that is the case, the military may view this as AWOL and dishonorably discharge him. It has been impossible in most instances, because of the status of the United States' military state of readiness for him to comply with the decree. He has limited his visitation to his time of leave stateside. My questions are as follows:
Can the ex-wife extort his signature for adoption by threatening him with Contempt of Court.
Is the disobedience of the decree due to wartime manuevers, a contemptable situation?
Does Contempt of Court always carry a punishment of imprisonment?
Thank you for your time and input.
1 Answer from Attorneys
Re: Divorce decree disobedience
You need to consult face-to-face with an attorney who has read a certified copy of the Final Decree of Divorce.
That said, generally speaking,(which means don't rely on this!!!!!) if a person is on active military work, the Soldiers and Sailors Relief Act would apply. It is a very complicated document that is far too complex to discuss in an email. Mention this to your relative and I'm sure that he is familiar with it.
You don't state what court has jursidction.
From my experience, the courts in Harris County have been very understanding about people on active military duty overseas.
Also, generally speaking, a person cannot be held in contempt for not visiting their children. Since I have not read the Final Decree of Divorce, I'm not sure what the wording is in the document.
I strongly urge your relative to consult with a family law attorney. It will give him peace of mind and let him know his options.
Termination and step-parent adoption is a very complex matter. Much too difficult to go into in an email. However, if the children know him and he is current on his child support, it would be difficult for his rights to be involuntarily terminated.
Be advised that he could voluntarily give up his parental rights. If he does, he will be treated as if he does not exist and would have no right to contact the children until they became adults.
good luck!
Fran Brochstein
www.familylaw4u.com
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