Legal Question in Family Law in Montana
In relation to question #3...
We are dealing with the same problem as #3...my exwife not following the custody court order. My wife and i are to pick up my son this saturday in montana. we know the ex wont be there with him (again). we are keeping track of all the orders she has already broken, but cant afford to take her back to court yet. (the judge has already told her she would lose custody if she does it again, which is what we want). What can we do when she doesn--name removed--show up for the ordered time to drop off my son? do we call the police (in the town she lives in) and tell them she broke the order and we want the visitation with my son? what is the next step? thank you so much for this website, your answers and time are much appreciated!
1 Answer from Attorneys
Re: In relation to question #3...
I'm sorry, "question #3" isn't familiar. However, your post indicates you have a parenting order that mom does not follow. You are scheduled to pick up your child in Montana tomorrow morning, and you wonder whether you can call the police in mom's town. Sure, you can always do that if you have an order and are asking for help with enforcement of the order. However, many officers absolutely hate getting mixed up in custody disputes. You might have better luck if you contact the county sheriff for assistance rather than the city police (but then again you might run into the same difficulty).
In my opinion, your clearest route is straight to court. You said the judge has already warned mom that the next time she ignores the order, the judge will modify custody in your favor. I hope he put that in the order or in the court minute ruling (in other words, I hope he put it in writing). Because mom is in contempt of a court order, your attorney can ask the court to award attorney fees -- that is, ask the court to order mom to pay your attorney's bill. Most likely, you will have to pay the attorney, but this will reimburse you for the attorney's fee.
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