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Paternal grandmother trying to get me in contempt of parenting guidelines

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  • Paternal grandmother trying to get me in contempt of parenting guidelines

    I live in Indiana. My son is 4 and his father and I were never married. He wasn't in his life until I met my now husband of 4 years. We now have joint custody, I have sole physical custody. He gets visitation every other weekend and every Wednesday and otherwise pursuant by the parenting guidelines. His mother is trying to get me in contempt of the parenting guidelines saying that I don't give my son to her everytime I work. I work 20 hours a week, his dad works 40. His dad and I get along just fine, but she is constantly harassing me. On the court papers my sons father is the petitioner with his mother being the co-petitioner. She is in poor health and has told me that before and I have the messages to prove so. She is also trying to say that I didn't notify them of preschool, which I did. I also have those messages. I did have an attorney and we had a court hearing set for today but at the last minute their attorney said that I can't use my attorney due to my sons father using him 5 years ago in a criminal matter. So, now I am without one. I can't count how many court papers i've received from them. This is the second affidavit for contempt that they've filed on me. They've also filed for a guardian ad-litem which was denied. I guess I don't understand what I'm doing wrong. He's getting his visitation and then some. I have tried and tried to get along with her but everytime I do is when I get another court paper. They have also subpoena'd my work schedule and my income.

  • #2
    Re: Paternal grandmother trying to get me in contempt of parenting guidelines

    I wish to inform you that if you have followed court order then you can inform court that all the provisions of court has been followed. You can argue that there is no fault and all the charges against you are false. You can show messages as evidence. If grandmother is filing frivolous applications then you can seek court order where she can be declared a vexatious litigant and may not pursue further litigation without permission of court.

    AFF

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    • #3
      Re: Paternal grandmother trying to get me in contempt of parenting guidelines

      Thank you so much. Would a letter to the court work? Or should I still try to find another attorney?

      Comment


      • #4
        Re: Paternal grandmother trying to get me in contempt of parenting guidelines

        Originally posted by Username View Post
        I live in Indiana. My son is 4 and his father and I were never married. He wasn't in his life until I met my now husband of 4 years. We now have joint custody, I have sole physical custody. He gets visitation every other weekend and every Wednesday and otherwise pursuant by the parenting guidelines. His mother is trying to get me in contempt of the parenting guidelines saying that I don't give my son to her everytime I work. I work 20 hours a week, his dad works 40. His dad and I get along just fine, but she is constantly harassing me. On the court papers my sons father is the petitioner with his mother being the co-petitioner. She is in poor health and has told me that before and I have the messages to prove so. She is also trying to say that I didn't notify them of preschool, which I did. I also have those messages. I did have an attorney and we had a court hearing set for today but at the last minute their attorney said that I can't use my attorney due to my sons father using him 5 years ago in a criminal matter. So, now I am without one. I can't count how many court papers i've received from them. This is the second affidavit for contempt that they've filed on me. They've also filed for a guardian ad-litem which was denied. I guess I don't understand what I'm doing wrong. He's getting his visitation and then some. I have tried and tried to get along with her but everytime I do is when I get another court paper. They have also subpoena'd my work schedule and my income.
        So, let me get this straight - the father is filing for contempt, with his mother as a co-petitioner? SHE has no standing to challenge the visitation orders.

        YOU have no obligation to use her as your child care provider while you work unless the current custody/visitation order says so. Does it? Or does it give the father the Right of First Refusal to have his mother provide child care? If the answer to either of these questions is YES, then there is the basis for a contempt finding. If it isn't (which I suspect is the case), then the grandmother is simply using the courts to try to harass you into allowing her more time with her grandchild.

        It really does sound like you need an attorney to fight this mess. The child's father is basically allowing his own mother to dictate what should and should not be a part of the custody/visitation orders for a child that is not hers. Indiana DOES allow for grandparent's rights to visitation, but not the way that she is going about it.

        If you feel that the child's father is using the courts to do his mother's bidding, you should have your attorney request that he be required to pay for YOUR attorney fees due to filing all of these baseless and groundless motions.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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        • #5
          Re: Paternal grandmother trying to get me in contempt of parenting guidelines

          Originally posted by Username View Post
          Thank you so much. Would a letter to the court work? Or should I still try to find another attorney?
          Judges cannot accept Ex-parte communications from parties to any court order/actions. Yes you need another Attorney otherwise your evidence might not be admitted into court

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          • #6
            Re: Paternal grandmother trying to get me in contempt of parenting guidelines

            Originally posted by Username View Post
            I live in Indiana. My son is 4 and his father and I were never married. He wasn't in his life until I met my now husband of 4 years. We now have joint custody, I have sole physical custody. He gets visitation every other weekend and every Wednesday and otherwise pursuant by the parenting guidelines. His mother is trying to get me in contempt of the parenting guidelines saying that I don't give my son to her everytime I work. I work 20 hours a week, his dad works 40. His dad and I get along just fine, but she is constantly harassing me. On the court papers my sons father is the petitioner with his mother being the co-petitioner. She is in poor health and has told me that before and I have the messages to prove so. She is also trying to say that I didn't notify them of preschool, which I did. I also have those messages. I did have an attorney and we had a court hearing set for today but at the last minute their attorney said that I can't use my attorney due to my sons father using him 5 years ago in a criminal matter. So, now I am without one. I can't count how many court papers i've received from them. This is the second affidavit for contempt that they've filed on me. They've also filed for a guardian ad-litem which was denied. I guess I don't understand what I'm doing wrong. He's getting his visitation and then some. I have tried and tried to get along with her but everytime I do is when I get another court paper. They have also subpoena'd my work schedule and my income.
            The grandmother is not a party to the custody/visitation decree from what you posted so she should have no say. As long as you are abiding with the terms of the visitation order, you should have no concern.

            What you can do in court is depict the grandmother as a meddling, negative influence and seek a restraining order against her instituting any further proceedings in court. Legally, the term you would want to use to get her dismissed from the case is that "she has no standing in the action" -- is not a party and therefore should be dismissed and any pleadings she filed, stricken.

            When a person interjects themself into a case they are not a party to, there is a procedure to do that -- called joinder. Unless she was a party in the initial petition and summons, she is not a party now without going through the formal procedure to get the court's petition to join in.

            Move to strike her pleadings, your first move,and get her enjoined from joining in the case -- with prejudice. That means "forever'! And then it will be you and the child's father as it always was intended to be.

            Comment


            • #7
              Re: Paternal grandmother trying to get me in contempt of parenting guidelines

              You can hire another attorney, and it would be a good idea to. Inform your attorney of EVERYTHING and ask them to request that you be reimbursed legal fees for any false charges of contempt.

              Comment

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