My child is supposed to go visit with his mom, out of state, next weekend. However, he doesn’t want to go and I’m uncomfortable sending him. His mom has a drinking problem and lashes out at him when he is there. I don’t want to violate the agreement we reached last time we were in court, but I don’t know what to do.
First and foremost, you should always consider your son’s safety. An attorney cannot advise you to violate a Court Order. If you do violate a Court Order, there is always a possibility that you will be found in contempt of court. However, if you truly believe that your child would be in danger and/or it is not in his best interest to visit with his mother, then you can address that with the court as necessary.
You have a couple options if you choose not to send your son. You can try to be proactive and file an ex parte motion to get an order saying that he cannot go. However, if that is not possible due to timing, then if you do not send him, you can also try to defend yourself based on your reasoning if his mother does file a motion for contempt. A person is generally found in contempt of court when he or she willfully violates a clear and unambiguous Court Order.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at firstname.lastname@example.org.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.