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father's right to phone calls/mother blocking calls

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Elaway7

Guest
My husband has a 5 year old daughter residing in Texas with her mother (custodial parent). We recently moved from Texas to Virginia. The mother is telling my husband that he can only call 2 days a week, and only from 6:30pm to 7:30pm Texas time. The two days are Thurs. and Sun. If he doesn't call during these times, they simply do not answer the phone, or they let the recorder get it. He has even had the same treatment during the "alloted" times. Is this legal? Can she indeed limit his calls and tell him WHEN? The divorce decree was written in Texas...Bexar County. There is no history of abuse or anything out of the ordinary. She also still has the child in a diaper at night , (she will be 6 in April). We have questioned this and she claims it is none of our business as she has custody of the child. Can she really exercise this kind of control and keep my husband away from his daughter??? IS THIS LEGAL??
 


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lindsayilene

Guest
i will check on the phone call situation and get back to you next week--no internet access over the week-end. it sure doesn't sound right to me. i have heard of visitation orders including phone privelages before. does it say anything about that in the visitation order?
as far as the diaper thing goes--some children take a very long time to obtain bladder control at night. i know of a child that did not obtain this until the age of 9. i guess if i were the mother of a child with such a problem that i would probably opt for a diaper over washing sheets every day. if it is a medical problem, i wouldn't worry about it. she will grow out of it.
 
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hound dog

Guest
Heres the deal you can contempt her for not allowing the father commiuncation with his daughter now it will cost you. All the judge will do is slap her on the wrist and tell not to do it again, then 6mths later you will have the same problem so my advice to you is gritt your teeth and deal with it unless you haave alot of money to waste.
 

MySonsMom

Senior Member
Unless there is a court order for phone calls, the Mother has the discretion of allowing the calls. She has allowed you times that you may call and talk to the child, so she is (in the eyes of the courts) working with you on phone contact. I would suggest simply calling the child during those times.

As far as the nightime wetting situation..The first poster whom responded is absolutely correct. Night time wetness is VERY common. Perhaps you can do some research on bladder control in children, you will learn alot.

Besides, if you took her to court for the phone privaledge, they woul probably add it in the court papers a certain day/time that you can call the child. In which, she has already provided for you. Therefore, you may waste alot of time and money on this issue.

Suggestion..Call the child between the times that she has requested. If you have further problems, take her to court to have the custody papers read a certain time/day each week that you may call and talk to the child.

Good luck!

 
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mrsshoebox129

Guest
If there is nothing in the decree about specific phone rights, then there is nothing you can do. If you go back to court I would definitly suggest to get it specified in the papers what day and time you can call and for there to be no interference from the mother during these times. It is awful that the mother puts her child through this. It seems like she would know that the only person she is hurting is the child.
 
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Irishluk3

Guest
I am the stepmother of my husbands son. The mother of 2 daughters. Please do not ignore the diaper issue. there are many reasons this could be a Red Flag. I would first try to get the child to a doctor for an exam.The problem could be physical, emotional, or possibly sexual abuse. This was a problem with a friends child. Exs live in abused the child. If the mother will not cooperate ask the court to order this exam. Next, the phone calls, also done to my husband, call the court and ask for the problem to be taken to mediation. In california this is at no cost to either party. The courts favor this method of resolving problems. I am not an atty. but 20 yrs as a step parent in California. Good Luck. Get your child to a doctor please.
 
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angelbaby3969

Guest
I have a phone call order and my son has to call his father every Sunday before noon, my ex has custody of the other child, and she is, according to the court order, supposed to have regular telephone contact with me, and my ex-husband does not allow her on the telephone, and she is 11 years old. The having a set time to call may stem from any of the following, a work schedule, school, other activities, etc. and speaking of the bed wetting problem, my daughter used to wet herself at night, until she was 8. We had taken her to the doctor once she had entered school, as this was embarrassing to have a five year old who still needed diapers, and found out that my daughter had a kidney that had not grown, was severely infected, and did not function, surgery and several years of medication treated this problem. My pediatric urologist had said that he frequenty sees " bedwetters" some as old as twelve, as many children fail to wake up even when their bladders are full. And although as another has mentioned that bedwetting could be the sign of sexual abuse, it is usually something that happens after the child has been known to have complete bladder control and then regresses back, the doctor had also commented to me that with the cost of having to wash and dry bedsheets,and that many children have destroyed mattresses in this way, that diapers or pull ups are a good defense during the night.
 

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