Legal Question in Family Law in West Virginia

Re: Is my ex-husband commiting a crime?

In my state, we can create a parenting plan as detailed as we think is necessary. Take a look at your plan (might be called a custody agreement in your state) or the order. As long as he is carrying out the plan or the order, he probably isn't in contempt of court for failure to abide by its order. If those things you mention -- transportation and telephone contact -- are written into the parenting/custody order, you are both obliged to carry out those terms. If they're verbal agreements, they are not enforceable unless the parents reduce the verbal agreement to writing and file it with the court.

In my state, it is pretty typical for the "receiving parent" to transport, that is, if the children are coming to your house, you're the receiving parent so you drive. When they're due to go to his house, he's the receiving parent, and he drives. For long distances, usually the parents meet at a convenient half-way point like a restaurant.

With telephone contact, if the kids are old enough to place the call, typically they call whenever they want to talk. Additionally, the nonresidential parent is usually guaranteed a minimum of one call a week but usually it's called "reasonably liberal," meaning at a reasonable hour, often just before bedtime when you know the child is home.

You have some choices (and, again, this is in my state): you can abide by his terms, you can file a motion to either enforce the terms he's violating or to establish those details the plan doesn't address, or you can mediate the dispute (either voluntarily or you can seek court-ordered mediation).

Check your state law (you'll probably find it in the county library) on marriage and divorce for more details on your options. Consult an attorney to represent you if you decide to seek an amendment to the plan.