My question involves a child custody case from the State of: Indiana.
Last summer, my ex sent the customary summer parenting schedule showing the time our children would spend with each one of us. He marked the last week of summer break one of my "vacation weeks," despite my sons having to attend school all day during that week to learn and practice their marching band routines.
He has done this for the past four years, and I have brought it up every year, to no avail. This year, my sons' best friend (more like a cousin) moved out of state, following a very serious criminal charge against his father, for which he is still in jail awaiting trial.
The weekend all this happened, my sons were supposed to leave home and spend 4 days at their dad's, before coming back home for "the 3 last weeks of summer." They asked if they could stay home those 4 days at home, since that was the last week their friend was going to be in town, so we asked their dad. He said no. No begging from my sons worked, nor my phone conversation with him, telling him we could swap those days for the week he had erroneously marked as vacation (again!!)
The answer was still no. He showed up at my house and my sons kept telling me they did not want to go and were not going. Our oldest son went out to talk to him, to no avail. He came back home and begged me not to make them go, so I went out and told their dad they were staying home. I felt I had a good argument, and honestly did not feel we were doing something wrong, but he charged me with contempt, arguing that I had not allowed our sons to go, period.
My attorney asked if my sons would be willing to testify, and they said yes, but I did not want to put them in such an uncomfortable situation. He later asked if they would be willing to write a letter telling what really happened, and they did, but when my attorney showed them to my ex and his attorney, they said I had typed the letters, or told my sons what to type. I was told the letters were not admissible in court, and the judge never got to see them.
In fact, one of my sons asked to go along with me to court, which he did. He waited outside, while his father told an endless string of lies, not only related to the charges, but others, as is his habit.
My attorney did not call my son to testify, which I wish he had done, and I am afraid the judge might find against me, since I in fact, allowed my sons to stay home. I am worried sick waiting for his decision. Do you guys think I have a chance not to be punished for this?
Last summer, my ex sent the customary summer parenting schedule showing the time our children would spend with each one of us. He marked the last week of summer break one of my "vacation weeks," despite my sons having to attend school all day during that week to learn and practice their marching band routines.
He has done this for the past four years, and I have brought it up every year, to no avail. This year, my sons' best friend (more like a cousin) moved out of state, following a very serious criminal charge against his father, for which he is still in jail awaiting trial.
The weekend all this happened, my sons were supposed to leave home and spend 4 days at their dad's, before coming back home for "the 3 last weeks of summer." They asked if they could stay home those 4 days at home, since that was the last week their friend was going to be in town, so we asked their dad. He said no. No begging from my sons worked, nor my phone conversation with him, telling him we could swap those days for the week he had erroneously marked as vacation (again!!)
The answer was still no. He showed up at my house and my sons kept telling me they did not want to go and were not going. Our oldest son went out to talk to him, to no avail. He came back home and begged me not to make them go, so I went out and told their dad they were staying home. I felt I had a good argument, and honestly did not feel we were doing something wrong, but he charged me with contempt, arguing that I had not allowed our sons to go, period.
My attorney asked if my sons would be willing to testify, and they said yes, but I did not want to put them in such an uncomfortable situation. He later asked if they would be willing to write a letter telling what really happened, and they did, but when my attorney showed them to my ex and his attorney, they said I had typed the letters, or told my sons what to type. I was told the letters were not admissible in court, and the judge never got to see them.
In fact, one of my sons asked to go along with me to court, which he did. He waited outside, while his father told an endless string of lies, not only related to the charges, but others, as is his habit.
My attorney did not call my son to testify, which I wish he had done, and I am afraid the judge might find against me, since I in fact, allowed my sons to stay home. I am worried sick waiting for his decision. Do you guys think I have a chance not to be punished for this?
Custody and Visitation Issues: Contempt Charges for Supporting My Children's Decision to Stay Home
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