Can a mother be held in contempt for refusing to change a mutual agreement on visitation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a mother be held in contempt for refusing to change a mutual agreement on visitation?
We agreed that visitation would be every other weekend that way it gives him more time with her. He has just all of a sudden decided he wants to change it to the first and third weekend of the month. I make plans with her based her being with me every other weekend and now after him only getting her maybe 3 times in the past 4 months he is threatening to have me held in contempt if I don’t agree.
Asked on July 5, 2012 under Family Law, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can only be held in contempt of an order that already exists, not one that does not yet exists. If you are complying with the order that states every other weekend then you are not in contempt. You are the exact opposite in fact. If he wishes to change or "modify" the order let him bring a motion to do so and give a good reason for the change. If, however, you have no real reason not to modify voluntarily and are just being difficult then a court may not look too kindly on that. Also note that if the change is made you will get her two extra weekend s a year. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.