Contempt Custody Order Defense

Summary

Contempt of court for disobeying a custody order is serious. Self-representation is possible but not advisable. Seek legal aid organizations like North Penn Legal Services or MidPenn Legal Services. If unavailable, try Legal Services Corporation or American Bar Associations Free Legal Answers. Present all evidence, including counselor letters, and request subpoenas for additional records. Explain your actions to the judge and request a continuance if needed. Consider contacting RAINN for support and your states Ombudsman Office or local representative for advocacy. If the childs father wishes to relinquish rights, court approval is required. Seek legal advice for specific guidance.

Full Conversation

I am being held in contempt for disobedience of a custody order

Hello **** ****, it's important to understand that contempt of court is a serious issue. Could you provide more details about your situation? Also, can you share your location? Laws vary by jurisdiction.

Is is safe to go without representation of a lawyer or an attorney

Hello **** ****, while it is possible to represent yourself, it's generally not advisable in complex situations like contempt proceedings.
- Legal proceedings can be complex and may require knowledge of specific rules and laws.
- A lawyer can help navigate these complexities.
- They can also help ensure your rights are protected.
Can you share your location, so I can provide more specific information?

I am very low income and none of the places in my area will help I've tried reaching out for free legal help

I understand your situation, ****. There are legal aid organizations that offer free legal services to those in need. Could you please tell me where you are located so I can find the closest one to you?

Bradford county

I've found a legal aid organization in your area that may be able to assist you:

North Penn Legal Services

Phone: (*) *-*
Address: * Main St, Towanda, PA *
Website: www.northpennlegal.org

Remember, it's important to get legal help in contempt proceedings.

I tried North and legal and they are not able to help they are too low staffed

I'm sorry to hear that. Another option could be MidPenn Legal Services. Here's their information:

MidPenn Legal Services

Phone: (*) *-*
Address: *-A North Front Street, Harrisburg, PA *
Website: www.midpenn.org

I tried midpenn legal services and they said they couldn't help either I've called everyone I could think of to try to get help I've even tried the bar association for pro bono lawyers and they are unable to help as well

I'm really sorry to hear about your situation, ****. There's a program called "Legal Services Corporation" that provides free legal aid to people with low income. You could try reaching out to them:

Legal Services Corporation

Phone: (*) *-*
Address: * K Street NW, Third Floor, Washington, DC *
Website: www.lsc.gov

Remember, representation in contempt proceedings is crucial.

The other thing that has me nervous about the case is the reason why I haven't set my child is due to my child telling me that his father sexually assaulted him

I'm really sorry to hear that, ****. Please report this immediately to your local police department. Child abuse allegations are serious and should be reported. I would also recommend contacting a local child advocacy center for further guidance. Again, your location is important to provide specific resources.

We had police involved CYS involved I've even tried to involve arcc none of them are able to help they did try to do an investigation and I said it was deemed unfounded but that they knew that his father did something bad to him so they told me to get him into counseling which I have done and he has spoken with counselors about what happened to him but I don't know how to go about proving this in the court hearing

I'm sorry to hear about your situation, ****. In court, you can:
- Present any evidence you may have, including any relevant documents, texts, or emails.
- Request testimonies from any involved parties or witnesses.
- Consider hiring an expert witness, like a child psychologist.
You may need a lawyer to help properly present this.

I wish I had money for a lawyer to be able to help present all of this

I understand your situation, ****. There are programs that can help low-income individuals afford a lawyer. For example, in Pennsylvania, the "IOLTA Board Pro Bono Legal Services" might be able to assist you.

I tried them they said they couldn't help me either

I'm sorry to hear that, ****. Another option could be the "American Bar Association's Free Legal Answers" service. It's an online service where volunteer attorneys answer legal questions for free. This might be of help to you.

Is one counselor was able to write up a letter of her diagnosis of the trauma but in the letter she didn't specify that she thinks it was sexual assault because the most my childhood talk to her about was that his father punched him in his private area and in his butt

I'm sorry to hear about your situation. The letter from the counselor can still be valuable evidence in court, especially if it discusses the trauma your child experienced. It might be beneficial to ask the counselor if they can provide additional details or clarify in their letter.

Yes I feel like she left out a lot of details and she didn't actually state that it was sexual abuse so I'm not sure if it will hold up in court the letter that she gave me

I understand your concerns, ****. The court will consider all evidence, not just the counselor's letter. It could still support your case. It would be helpful if the counselor can provide further clarification. Keep documenting all incidents and seeking legal help.

The other issue is this court hearing is Monday the 11th * and it was very hard to get just this letter from the counselor she is very hard to reach

I understand your situation, ****. Even without additional details from the counselor, the letter may still be valuable to your case. Remember, your own testimony and any other evidence you have are also important. Do you have any other questions regarding your upcoming hearing?

So my child has seen more than just this counselor he's also seen school counselors and he has told them more than what he has told her of the sexual assault aspect but for some reason they will not write a letter stating that just a letter stating their treatment plan for Carson and a goal for him with being in their counseling

I'm sorry to hear about your situation, ****. The letters from the school counselors, even if they don't explicitly state the sexual assault, still serve as evidence of the ongoing treatment and their observations. They could be helpful in your case.

I don't know if I could ask the judge to subpoena their stuff or not

Yes, you can request the court to issue a subpoena for the school counselors' records or testimonies. This could provide additional evidence for your case. However, the judge will decide whether to grant the subpoena based on relevance and necessity.

Okay yeah I'm hoping that I could ask him to Sabina the schools records of what Carson has told them and also the other counselors stuff as well

Absolutely, ****. Presenting all relevant records and testimonies can potentially strengthen your case. Just ensure to respect the court's process while requesting for the subpoena.

Yes and I plan on apologizing to the court and like to the judge for keeping Carson and not sending him for the agreement of the court ordered day I'm just explaining to him the reason why I didn't send him for the fear of this stuff happening to him

That sounds like a good approach, ****. Honesty and sincerity can be helpful. Remember to present all the evidence you have and explain clearly your reasons for your actions. Best of luck with your hearing.

Okay and thank you I've tried to keep everything documented and everything saved I've written it all down so I can read it clearly to the judge

That's excellent, ****. Documentation is key in these situations. Make sure to organize your information so you can easily refer to it during the hearing. Best of luck, and don't hesitate to ask if you have more questions.

I just really don't know what else to do at this point to protect my child he's been telling me this has happened since he was 3 years old he is now going on 8 years old

I understand your concern, ****. It's crucial to keep reporting any incidents to the police and child protective services. Also, consider speaking to a victim advocate. They can provide support and guidance through the legal process.

That's why I tried the abuse and rape clinic to see if they would be able to help with this at all but they told me they couldn't

I'm sorry to hear about your struggles, ****. You might consider contacting RAINN (Rape, Abuse & Incest National Network). They offer support for victims of sexual assault. Their contact details are:

RAINN

Phone: *.*.HOPE (*)
Website: www.rainn.org

Thank you I will try them I just wish there was someone I could find him to talk to that's higher up that could actually do something since cys is refusing to open the case again send me abusive rape clinic the only thing they could do is report it to cys again and they still have done nothing

I'm sorry to hear about your continued difficulties, ****. If you believe the authorities aren't taking the necessary action, you may consider contacting your state's Ombudsman Office or your local representative. They can potentially help advocate for your case.

What is an ombudsman officer? And what is a local representative

An ombudsman officer is an independent official appointed to investigate complaints against a company or organization. They can assist when you feel wronged by an agency, like Child Protective Services.
A local representative is a person elected to represent the interests of a community in the local or national government. They can help escalate your concerns.

Okay thank you for that

You're welcome, ****. I understand this is a challenging situation. Please reach out if you need more information or support. Remember, your efforts are crucial in ensuring your child's safety. All the best.

I know they are and I'm trying everything I possibly can I'm also leader of possibly facing jail time due to all this because it is been 2 years since I sent him for his visitation

I understand your concerns, ****. In your court hearing, explain your reasons for keeping your child, present all the evidence, and ask for a fair hearing. Remember, engaging legal help, even if it's free legal advice, can improve your chances.

I know and I'm not sure if while I'm at that court hearing if I could ask the judge if I could have a continuance until I can find free legal help as in a lawyer or an attorney

Yes, ****, it's generally possible to request a continuance to secure legal representation. However, the judge will decide based on the circumstances. It's important to explain why you need more time to find a lawyer.

I will explain that I'm just going to say that this is a very crucial case for my child's safety that I don't feel safe going through all this without representation and relying on my own self

That sounds like a good plan, ****. Judges often understand the importance of representation in complex cases, especially when a child's safety is involved. Be clear and respectful in your request. Good luck.

From what I've heard the judge that I'll have judge Williams the third that he is a very fair and kind judge so I'm hoping that he will be concerned also for Carson's safety

That's encouraging to hear, ****. Being open, honest, and respectful with Judge Williams will be crucial. Present your case clearly, emphasizing your concern for Carson's safety and your efforts to protect him. Best of luck.

I'm just hoping that he will definitely look into this more and not just say he has to just go right back into visitation and if he does I'm hoping he will say it has to be supervised or something

That's a reasonable hope, ****. At the hearing, you can request for supervised visitation due to your concerns. It's important to articulate why you believe it's in Carson's best interest. The judge will consider all factors before making a decision.

Also his father has mentioned about wanting to give up his rights so maybe that will be brought up and maybe he can just give up his rights

If your child's father is considering giving up his parental rights, it may affect the custody arrangements. However, the court will always prioritize the child's best interests. You should be prepared to discuss this possibility at the hearing.

Yeah he said he wanted to stop paying child support and give up his rights I don't know if he still feels that way or not

If the child's father still wishes to give up his rights, that could simplify matters. However, it's important to confirm this. If he does, the court will decide based on the child's best interest. Would you prefer full custody if he gives up his rights?

If he is willing to do that I would be completely for that so my child does not have to be near him ever again

That's understandable, ****. If your child's father willingly gives up his rights, you might be granted full custody. However, the court will still ensure it's in the best interest of your child. Keep your focus on Carson's welfare during the hearing.

Yes I would take full custody I just don't know if the court allows that if nobody else will adopt the child because I am married I don't know if they expect my husband to adopt in which he would love to but we just don't have the money to pay for that right now for an adoption

In terms of adoption, laws can vary. Generally, if one parent relinquishes their rights, the other parent becomes the sole legal parent. Adoption by a step-parent might not be necessary unless your husband wants legal rights. It's best to consult with a legal professional for accurate advice.

Also I'm not sure if in the state of Pennsylvania if fathers can give up their rights or not or if the court has to say they can

In Pennsylvania, a parent can voluntarily terminate their parental rights, but it requires court approval. The court will consider whether it's best for the child. If approved, you would assume full custody. Still, it's crucial to seek legal advice about your specific situation.

Okay and thank you so much for all of your help

You're very welcome, ****. I'm glad I could assist you. Remember, your dedication to your child's safety is admirable. Don't hesitate to reach out if you need more information. Good luck with your hearing.

Thank you

You're welcome, ****. Wishing you the best of luck with your hearing. Remember, always keep your child's best interests at heart during the proceedings. If you have more questions or need further guidance, don't hesitate to reach out.