The Law Offices of Soheila Azizi & Associates, P.C.

When You Are Facing Contempt in a Custody Matter

Family Law bookWhen you hear contempt, or your ex is threatening on taking you to court on this basis, you may feel confused or even scared. Perhaps you and your ex have joint custody and you forgot to tell your ex about a few doctors appointments, and now they are threatening you with returning to court on contempt. However, though you may think that this will be reason for you to lose custody or spend time in jail, this is probably not true. Many cases today revolve around financial contempt, when one parent has been ordered to pay child support and has not been doing so.

If an ex does not take the court’s advice to cure their contempt, then it may make sense for the court to consider sentencing jail time or imposing harsh fines. However, this may be counterproductive, because it is impossible to pay when your ex is in prison. The court will sometimes use this as a last resort when one parent is not abiding by any part of the order – to send them to jail because they are refusing to abide by the order and pay as promised. When your ex posts bail, they can use that money to repay the debt that is owed.

When Your Ex-Spouse is Holding Custody 

A lot of cases also take place when an ex-spouse is refusing the other parent to have any custodial time as the order states. The court will then consider fines and compensatory visitation, which is visitation that is made up when your time has been withheld from you. The court could also likely change custody arrangements when one party is unwilling to follow the order regarding the two important types of custody: legal and physical.

To have a case of contempt, there are some elements that must be met. The ex-spouse must have knowingly failed to follow the court order or failed to do what they were supposed to do. In many cases, an order of contempt is brought with a motion to modify, as changes must be made to the other to get one parent to comply. It is imperative to speak to an experienced family law attorney when moving forward with your case. Call us today for more information on how we can help.

Customer Reviews

The Law Office Of Soheila Azizi & Associates, P.C.

Customer Reviews

Adrianne Fernandez 3/11/2021

Beyond impressed! I had been self represented through years of family law and child support court hearings and was so hesitant to hire an attorney out of fear and trusting that they would appropriately represent myself and child. After tons of research I contacted Ms. Azizi. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. Ms. Azizi heard my concerns and was extremely sensitive to the matter of FAMILY. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them. Ms. Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs!

Linda P 6/19/2020

This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times. My attorney was Mr.Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have.

Diana H. 05/01/2021

Seven stars. I had planned to put up my reviews after my final judgment but after the first hearing, couldn't wait, and I would write this whatever the outcome of my difficult case. Soheila was simply amazing in her arguments and strategy before the judge. I felt so taken care of. I chose her for her near-30 years of experience as an attorney, the depth and strength I observed in one who had weathered hardship through her many accomplishments, her compassion, and her smarts. I can't imagine what other attorney would have Zoomed with me even in sickness to help prepare me for a legal session. And I later saw how keen she'd been in her advice. I've been deeply touched watching Soheila and her paralegal Lynda Walker fight for my child as if he were their own. They in particular have treated me with great humanity - day and night from what I experienced at my former attorney's. Lynda is a gem, on her toes, flexible, hard-working, committed to each client, humble, and sweet. She has slaved over my case, doing much of the writing, watchful of me on paper and in person, guiding me gently while encouraging me to use my voice. The staff, including the office administrator Lorenzo and Linda C, is caring, respectful, and conscientious. A band of angels.