Can I file a contempt for mod. for visitation after ex husband has done so?

My ex hasn't exercised visitation in 4 years, stated that he would come see the boys at my home and has been doing this on a consistent basis to keep the drama and confusion down, because of his current girlfriend and whatever situations he has going on over there. Now 4 years later I stated to him I need a modification in child support for the boys he wants to put me in contempt of court for visitation. Not sure what to do now?

Thomas's Answer

Contempt of Court means that you are thumbing your nose at a court order. It means that you are not following the court order deliberately. If your ex has chosen not to exercise visitation, that does not create contempt on your part. It is only contempt if you have deliberately interfered with his visitation. That is not what you are describing. Contempt can be either Civil in nature or criminal in nature and is governed by Rule 15-206. Constructive civil contempt.

Depending on the age of your children and how comfortable they would be around their father after 4 years, you may want to file a modification of visitation.