need advice!!!

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wisher

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I was married for 12 years, have 3 children and was a stay at home mom since 1999... Was divorced in may 2010... I decided to leave my children with my former husband because i had no job and hadnt worked since my first daughter was born i also had no family support i did everything on my own, at the time i felt it was in the best interest of the children to share joint custody with my former husband with him having physical custidy... After my divorce my ex remarried 6months after divorce and she was pregnant 3 months after my divorce.. pior to me leaving my ex and i had a conversation that i told him i was going to want the children back once i got on my feet and he said i believe the children belong with their mother.. well now 2 years later i finally found a attorney that took my case.. my children dont want to live with their father and septmother and my son is doing bad in school, and they are constintly getting yelled at by them both, my oldest daughter was planning on running away from their home, so i decided to try and get them out of that house, i have hired a Guardian Of Liam for the children so they have someone to talk to and that someone that will listen as well... the interviewing has already taken place i filled out all the paperwork and sent pictures of my sons brusises, so now that this has started there is a problem with the phone calls i call or txt and it takes up to 7 to8 days for a return call back and all that is happening is he is getting slapped on the hand for it so i wasnt sure if i could file a contempt paperwork or not?
 
You can always ask the court to hold anyone in contempt.
It is ultimately up to the court.
But, how does that help you obtain custody?
It doesn't.
I suggest you become the best person you can be, and improve your parenting skills.
He was not the one that failed to be a parent.
He was the one that parented when you could not or would not.
The court will tell you to focus on yourself.
I suggest you consult with your attorney.
 
Yes i have discussed this issue with my Attorney and as well as many other Attorneys before i hired the Attorney i have now plus the Gaurdian of Liam for my children.
so i am wondering about filing a Contempt of Court... My Attorney hasn't responded to my email yet or returned my call as of Friday... So i was redirected to this Legal site for insight when i was looking for input...
 
An attorney's silence can be quite revealing to an astute client.


Sent from my iPad3 using Tapatalk HD
 
I'm not exactly sure how Dad is in contempt; nor am I sure why Mom has actually petitioned for a custody change.

I've seen no change of circumstance here.
 
Its called interferring with communication with children thru the other parent, it is part of the parental time guidelines.. In the Indiana Pareting Time Guidelines it states the no parent can interfere with the communications of the children or visitations as well.. and yes it is in my order
 
The father is in contempt due to the divorce decree and my attorney as well as his attorney has talked to him many times about interfering with the communications of returned phone calls in reasonable amount of time.. we believe that 9 to 10 without a return phone call is unreasonable considering my decree states every wednesday phone calls so yes my attorney has filed a contempt on the father..

I have petitioned for Modifying my Decree due to the fact that i can provide my children mentally, emotionally and physcial stability in my home which is also big enough for all of my children, i have remarried and a stay at home mother which they are use to when i was married to their father i am able to be home with them when they are sick and not left home alone from school when sick and have to send the other one to school when sick because i cant stay home with them.. i go to every softball game and school program that my children attend and i know everything about their school because of all the investigations I have done to get records that my former husband hasnt given me.. Their has been a lot of circumstances that have changed.. The judge never took my children from me the court never said i was ever a unfit mother.. i wanted the best for my children at the time and that was what i thought it was 2 years ago
 
Exactly.

OP, go talk to your attorney. I hope you're not paying too much - because I still cannot see you "winning" a custody mod given what you've said.
 
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