• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex wife does not let my talk to my boys over the phone.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

leafar135

Junior Member
What is the name of your state (only U.S. law)? Texas

I spent so much money trying to get more time with my sons other than standard possession. I ended up loosing because she was a stay at home mom and I had a very bad lawyer who did not counsel me on the right moves to make. I now get my boys 9 days out of every month. I call them every day twice a day without fail which is in my order. Ex does not answer my phone calls. My boys are young so it is very important that they know that dad is looking for them and that I haven't forgotten about them even when I have to wait 7 days to see them. I always pick them up and drop them off and spend every moment that i have on my order with them. What can I do since she is violating the decree.
 


PayrollHRGuy

Senior Member
First let her know that you are going to contact the court that she is violating the order. If that doesn't do it then you get new lawyer and head back to court.
 

leafar135

Junior Member
First let her know that you are going to contact the court that she is violating the order. If that doesn't do it then you get new lawyer and head back to court.


I did let her know and she does not care. I have many times over text let her know she is interfering with my relationship with my sons. I've let her know she has violated the orders. We had a huge storm hit us in August here in Texas and for 3 days most of the city was flooded. No one in the city was able to go anywhere and neighborhoods were evacuated. For those days she never let me speak with them and I was worried sick. I contacted many friends and family members to just let me know if they had seen my sons safe since I had not heard from them. This kind of stuff happens all the time. I have payed over 20,000 in lawyers and I'm in so much debt. I cannot afford a new lawyer so I have to try and do everything my self.
 

not2cleverRed

Obvious Observer
Does it actually say calls twice a day every day in the court order? Or does it state something more vague, like "[NCP] is allowed to call frequently"?
 

HRZ

Senior Member
Well create a very solid track record of her obfuscation of the order as written ...and drag her back to court and seek both make up time /calls AND your legal costs as sanctions ...
and I'd send her Written reminder with the exact words of the order.
 

not2cleverRed

Obvious Observer
Well create a very solid track record of her obfuscation of the order as written ...and drag her back to court and seek both make up time /calls AND your legal costs as sanctions ...
and I'd send her Written reminder with the exact words of the order.
Perhaps he needs to also ask for Our Family Wizard (or some equivalent service) next time he goes to court.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas

I spent so much money trying to get more time with my sons other than standard possession. I ended up loosing because she was a stay at home mom and I had a very bad lawyer who did not counsel me on the right moves to make. I now get my boys 9 days out of every month. I call them every day twice a day without fail which is in my order. Ex does not answer my phone calls. My boys are young so it is very important that they know that dad is looking for them and that I haven't forgotten about them even when I have to wait 7 days to see them. I always pick them up and drop them off and spend every moment that i have on my order with them. What can I do since she is violating the decree.
Dad, I am sympathetic but twice a day is really intrusive. What does your court order state about phone contact?
 

LdiJ

Senior Member
It really does say call twice a day every day for 10
Minutes with each son.
That is not a reasonable order. Did a judge order that or what that something the two of you agreed to in mediation and it was then incorporated into your orders?

I do not know how old your sons are, but if they are in school then a total of 20 minutes in the morning before school would wreak havoc on any morning schedule, and 20 minutes of every school night could do the same to the evening schedule.

If mom gets off work at 5:00, then odds are they are not home till 5:30ish. Then, there is dinner, homework, baths and bedtime, all to squeeze into 2 1/2 to 3 hours.

In my opinion if you end up in court over this mom will convince the judge that twice a day is not reasonable, but the judge will likely give mom consequences for not allowing phone access at all.

Now, just a couple of other points...if your calling attempts are super early in the morning or after the boys bedtime at night, then you can expect a judge to hand you your backside in court. If you are calling at any other time when you should know that they are not available (like before mom gets home from work) then you should also expect to be treated as the bad guy.

I am only saying that because we have had a few parents on these forums who were that unreasonable about phone calls.
 

HRZ

Senior Member
For now the Order is as the order is ...and Mom is wrong side of equation to violate same . I have no doubt many a child spends more than 20 minutes a day disxussing things of no real significance...but that's not the question .
 

LdiJ

Senior Member
For now the Order is as the order is ...and Mom is wrong side of equation to violate same . I have no doubt many a child spends more than 20 minutes a day disxussing things of no real significance...but that's not the question .
In the morning, while they are trying to get ready for school? Yeah right.

In the evening it might be different, but only with good coordination between mom and dad.
 

Just Blue

Senior Member
In the morning, while they are trying to get ready for school? Yeah right.

In the evening it might be different, but only with good coordination between mom and dad.
Please point out where OP stated the times of the calls.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top