Can I file a Petition for Contempt in conjunction with my Counter-Complaint?
My ex is taking me back to court to try to get one of our two kids after 13 years. I answered her complaint and counterclaimed. We had a scheduling hearing and I was told I can amend my answer and counterclaim to include child support.
The Contempt Petition is a separate filing. The Court will issue a Show Cause Order and a Writ of Summons and schedule a separate Contempt Hearing. At that hearing, the only issue before the Court will be whether or not she broke the terms of the Order, changing custody will not be discussed unless the Magistrate finds her contemptuous behavior so egregious that it warrants a change.
Meanwhile your Petition to Modify Custody will continue in its normal course.