Legal Question in Family Law in Virginia
Contempt Change Of Custody?
About 3 years ago I moved out of state. Last year my ex was granted sole custody and I would continue visitation and phone contact. The judge felt that she should have sole because it was easier for decision making due to the distance. (I am about 8 hours away) I have phone contact every other day and visitation every 3 weeks in which I drive to VA to see my child. Lately my ex has denied the phone contact and interfered with visitation. Either not allowing it at all or not having my child available at the scheduled time making me miss an hour or two of my visit and not allowing make up time. I have filed contempt for the visits and the phone contact. To me this does not seem like she has our child's best interest in mind and is not promoting a relationship between myself and our daughter. I understand that she may just get a slap on the wrist. We have a GAL who is also aware of my ex interfering and has it documented. They have spoken to her and she still continues. If the judge does find her in contempt for some or all of the contempt motions ( 6 total) could custody be overturned or is that too far fetched. I know that unless custody changes she will continue to do this and I will continue to file contempt.
1 Answer from Attorneys
Re: Contempt Change Of Custody?
Probaby, "too far fetched", under these circumstances, to use your words. Nevertheless, when given the chance to speak at the next scheduled contempt heraring, you should ask that the court order that all missed visitation time be made up by a date certain(and, perhaps, additional time granted), and that if the mother's contemtptuous conduct continues, that further and more serious sanctions be imposed upon her by the court(including the payment of monetary fines).
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