[OH] [OH] Can parents temporarily change a parenting plan?
Custodial mother offered extra time in violation of court order. If I accept, can I be held in contempt of court?
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In Ohio, particularly in Hamilton County, if both parents agree to a temporary deviation from the court-ordered parenting time, and the deviation does not interfere with the other parent’s rights or the child’s welfare, it generally will not be considered contempt of court.
If the custodial parent is voluntarily offering you more time, and you are not withholding the child past your agreed time, then accepting that additional time is typically not a basis for contempt. Courts do not usually punish a parent for accepting additional time with their child that is consensually offered by the other parent.
However, a few important points to keep in mind:
- Document the agreement – Ideally, get the custodial parent’s offer in writing (text, email, or even a signed note) stating they are agreeing to the extra time.
- Do not unilaterally extend your time without consent. If there is any ambiguity or disagreement, default to the court-ordered schedule.
- Temporary deviation is not a modification – This does not alter the existing order. Future visits must still follow the order unless the parties agree again.
- If the other parent later tries to claim you violated the order, having proof of their consent can be strong evidence to defend against a contempt allegation.
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Custodial mother offered extra time in violation of court order. If I accept, can I be held in contempt of court?
Lexi, Chatbot
I understand your concern. Can you please clarify if the court order specifies the exact visitation schedule?
7PM Sat through 7AM Monday.
Lexi, Chatbot
Have you consulted with a family lawyer regarding this situation?
I have, but my lawyer has not replied. This is a time-sensitive matter.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your custody issue.
No.
Richard
Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance.
Please be advised that this website is for information purposes only, and I cannot formally represent customers of this website or perform actual legal services on your behalf.
I know your question is important, and I’m working on typing an answer to your question now. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type your answers to you and also to others
Richard
What state are you in?
Ohio. Hamilton County.
Richard
In Ohio, particularly in Hamilton County, if both parents agree to a temporary deviation from the court-ordered parenting time, and the deviation does not interfere with the other parent’s rights or the child’s welfare, it generally will not be considered contempt of court.
If the custodial parent is voluntarily offering you more time, and you are not withholding the child past your agreed time, then accepting that additional time is typically not a basis for contempt. Courts do not usually punish a parent for accepting additional time with their child that is consensually offered by the other parent.
However, a few important points to keep in mind:
- Document the agreement – Ideally, get the custodial parent’s offer in writing (text, email, or even a signed note) stating they are agreeing to the extra time.
- Do not unilaterally extend your time without consent. If there is any ambiguity or disagreement, default to the court-ordered schedule.
- Temporary deviation is not a modification – This does not alter the existing order. Future visits must still follow the order unless the parties agree again.
- If the other parent later tries to claim you violated the order, having proof of their consent can be strong evidence to defend against a contempt allegation.
I agree with that, the issue I have, is that the custodial mother has a history of going back on her word and lying to the court. I am playing it safe, but she had one of our kids call my mother crying because I won't let them see her before she flies back to Florida.
Richard
I understand how frustrating that can be. Do you have any follow up questions?
How am I to admit exhibits into evidence, and have a magistrate for a child support hearing take into account that she claimed in her filing that she is under significant hardship, while not offering proof?
I sent 3 discovery requests for information that would corroborate her claims, and all were stonewalled with objections.
Richard
Unfortunately. I cannot give legal advice on how to admit exhibits into evidence. I can only answer general legal questions for educational purposes only.
Richard
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