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NancyLou9

Guest
What is the name of your state? Ohio

Most of you know the background of my case in Common Pleas, so I won't fill in the info here...

However, we are having a problem again and I'm not sure if I can even do anything...

(Reader's Digest seque) Yesterday was my stepdaugter's birthday. Husband called and left message asking that she call him back. Ex has a tremendous history of not giving SD messages that dad called.

Found out last night that my Stepson also called her, about the same time, perhaps an hour later and left a message for her to call him. She called him back within minutes and even mentioned to him that she couldn't understand why Dad didn't call. My SS didn't know that husband had called, as such, couldn't tell her that he had left message. Husband and son compared times calling and know that husband called before son, as he was part of an honor guard yesterday, at a funeral in Mt. Airy, NC.

Now, part of our lawsuit is regarding the ex's interference in the relationship between husband and kids. Tho there is a Motion to Dismiss pending, which won't be ruled on until about June or July, probably July, can we still file something in the form of an order that she not interfere and that she is required to see to it that SD gets the message AND calls back? After we filed out suit, and prior to the Motion To Dismiss, the ex was giving the SD all the messages.

Also, I am guessing that the hearing on the Motion To Dismiss will take place in July. We are going to be on vacation with our step son the first week of July and won't be in the area. Should we write a letter to the courts informing them of this, so no hearings will be scheduled during that time? I know we should have kept that part of the calendar clear, but we planned the vacation with the SS before the Motion was filed. (It was planned when he got his ETS date from the Army, to coincide with his terminal leave.)

Lastly, we made the last payment on our car this week. This isn't germane to the issue, I'm just excited that it's paid off.

Would appreciate any one's thoughts on this.

(edited to fix typos)
 
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JETX

Senior Member
Gee, and all of that could have been solved by him simply sending her a 'birthday card' saying..... "honey, call me when you get this".
 
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NancyLou9

Guest
I get what you're saying...

And I did remind him over a week ago that he needed to do some online shopping. I've even suggested to him that we add her to our cell account and buy her a cell phone for her birthday, but he's a procrastinator that has been beaten down by the family court system.

However, none of that was done, and he should be able to call his daughter, regardless of the circumstances.

My original questions please?
 
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NancyLou9

Guest
Would it have been more apt?

Should I have instead said, "Jet, you're preaching to the choir."?

;-)
 

JETX

Senior Member
"he should be able to call his daughter, regardless of the circumstances."
*** What he SHOULD do and what he has a legal right to do are separate things. Unless his custody agreement includes a provision that 'all messsages must be forwarded' or 'NCP has the right to get return phone calls on childs birthday' or something similar, his WANTS or SHOULDS have nothing to do with this.

Don't misunderstand, I realize that this issue is important to you (him??) but it has an emotional value only and NO legal value.

"My original questions please?"
*** The ONLY question in your post is: "can we still file something in the form of an order that she not interfere and that she is required to see to it that SD gets the message AND calls back?"
And the obvious answer to that is... you've got to be kidding!!!!

Of course HE can spend the money and time necessary to file such a childish and ridiculous motion with the court. Heck, judges need a good laugh also. But HE had better hope that the court doesn't look unfavorably on this frivolous and childish motion because it could easily backfire on him.

Someone needs to step back from the edge a little bit and try to look at this as a mature adult. So, a child didn't get a message that someone called. BFD. Is that sufficient to file court action?? Of course not. Especially since the movant has other more reasonable alternate solutions to the 'problem'.
 
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NancyLou9

Guest
Jet, I think I should clarify...

This is no longer a family court issue. I don't think you remember that this is part of a Civil Suit in the Court of Common Pleas.

Part of the suit is regarding her interfering in the family relationship falling under one of the counts of Intentional Infliction of Emotional Distress. She has a long history of this and it was stopped after we filed the suit. When she filed the Motion to Dismiss, she stopped giving SD the messages.

My main guestion regarding that is can we file for some kind of temporary order pending the hearing on the Motion to Dismiss?
 
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NancyLou9

Guest
And it just occurred to me...

I don't think I say thank you to the people here that help me out.

I realize that those of you that post assistance here are members of the legal community and for you, time is money. You don't have to help out here, but you do, for no compensation.

Jet, thanks for all the help you've given me and everyone else in the past, present and probably the future. Same goes for IAAL, HomeGuru and all the others.
 
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NancyLou9

Guest
HG

You're most welcome. Between you, IAAL and JetX, the bases are usually covered. I just think it needs to be said sometimes, the thanks necessary for the service you provide here, gratis. I also like reading the opinions of others in similar situations, to see how they have handled their problem.

I'm usually so caught up in figuring out the next problem, asking the next question, that I usually forget to say thanks. And it needs to said as much as possible.

Also, HG, with baseball season upon us, why are you Home Guru and not AwayGuru or VisitorGuru?
 

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