Is he in contempt of court? (Custody/visitation help!)?

M

meganLOVE

New member
My ex is suppose to have my son every other wednesday for overnight, then every other wed-sunday. He has not gotten him in three weeks because he has a new baby now. Somone told me that since he hasnt gotten him, hes in contempt of court and I do not have to let him see him again. They said if he wants to see him again he will have to take me back to court. Is this true? I live in Oklahoma if that matters.
Its in our papers that those are the days he is suppose to get him. He just had it changed to those days in June. My son is fifteen months old and doesnt even really know/like him.
 
In Virginia, judges will not hold someone in contempt for not exercising visitation. They see it as a benefit the parent is voluntarily foregoing. However, until his visitation order is changed / reduced, the dad can still see his son on the stated days / times. You need to speak with an Oklahoma attorney to see if this is the practice where you live.
 
He is only in contempt of court if the visits are required visits. If they are voluntary, in that the cort order mandates he has to take your son on those days, then he is not obligated to take him if he can't. Go to court and get the visitation arrangements changed, but do not withhold visitation on your own, or you will in contempt.

Do not use your son as a means of punishment against your ex. It is unfair to your son. Let him see his father when he can; if you don't he will end up resenting you for it.
 
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