Phonecalls during visitations

[amberlea434]

What is the name of your state? TN

My fiance has an 8 year old daughter with his ex-gf. Their current parenting plan has him with EOW visitations from Friday @ 5 p.m. until Sunday @ 5 p.m., along with some holidays.

His ex bought their daughter a cellphone this past Christmas and ever since, has been calling the child numerous times a day throughout the weekends he has her. So, he confronted the ex and told her that he didn't mind her calling once over the weekend, but 3 or 4 times each day is just a little excessive, seeing as his visitations are very limited to begin with. Needless to say, she threw a fit and said that she had every right to talk to her daughter as many times as she deems fit. She ended up emailing him the Tennessee State Code that states each parent can have 2 unimpeded phonecalls per week to the child.

Their parenting plan is very vague and has no stipulations regarding phonecalls. And seeing as he doesn't have her for weeks at a time, only weekends, does that TN Code apply to this situation?

 

[LdiJ]

What is the name of your state? TN

My fiance has an 8 year old daughter with his ex-gf. Their current parenting plan has him with EOW visitations from Friday @ 5 p.m. until Sunday @ 5 p.m., along with some holidays.

His ex bought their daughter a cellphone this past Christmas and ever since, has been calling the child numerous times a day throughout the weekends he has her. So, he confronted the ex and told her that he didn't mind her calling once over the weekend, but 3 or 4 times each day is just a little excessive, seeing as his visitations are very limited to begin with. Needless to say, she threw a fit and said that she had every right to talk to her daughter as many times as she deems fit. She ended up emailing him the Tennessee State Code that states each parent can have 2 unimpeded phonecalls per week to the child.

Their parenting plan is very vague and has no stipulations regarding phonecalls. And seeing as he doesn't have her for weeks at a time, only weekends, does that TN Code apply to this situation?

In reality, unless the orders address phone visitation, neither of them are required to provide it, and neither of them are limited as to how often to attempt phone visitation.

My personal opinion is that both parents should have free telephone access to the child, as long as neither one of them are abusing it.

Obviously 3-4 times a day is too much...but unless its really disrupting his parenting time, it may not be a battle worth fighting. If its 3-4 conversations that last a couple of minutes, it may not be that big of a deal. If its 3-4 conversations that last 30 minutes or more, then it could be a really big deal.

 

[Ohiogal]

What is the name of your state? TN

My fiance has an 8 year old daughter with his ex-gf. Their current parenting plan has him with EOW visitations from Friday @ 5 p.m. until Sunday @ 5 p.m., along with some holidays.

His ex bought their daughter a cellphone this past Christmas and ever since, has been calling the child numerous times a day throughout the weekends he has her. So, he confronted the ex and told her that he didn't mind her calling once over the weekend, but 3 or 4 times each day is just a little excessive, seeing as his visitations are very limited to begin with. Needless to say, she threw a fit and said that she had every right to talk to her daughter as many times as she deems fit. She ended up emailing him the Tennessee State Code that states each parent can have 2 unimpeded phonecalls per week to the child.

Their parenting plan is very vague and has no stipulations regarding phonecalls. And seeing as he doesn't have her for weeks at a time, only weekends, does that TN Code apply to this situation?

Yep. He needs to allow her two phone calls per week. ANYMORE than that and he shuts her down and tells her to quit friggin calling as it is his time ...

 

[xylene]

Yep. He needs to allow her two phone calls per week. ANYMORE than that and he shuts her down and tells her to quit friggin calling as it is his time ...

Does child need to keep the cell phone while at dad's? Can he just take the phone away during visit, and answer it when mom calls, give the phone to child for the two calls? Or have mom call the house? Is that impeding - doesn't seem it... what is the standard for impeding?

 

[amberlea434]

Does child need to keep the cell phone while at dad's? Can he just take the phone away during visit, and answer it when mom calls, give the phone to child for the two calls? Or have mom call the house? Is that impeding - doesn't seem it... what is the standard for impeding?

I was thinking about that, as well. Could he just tell mom that he doesn't want the child bringing the cell phone with her on his weekends and that mom can just call his phone to talk to her?

 

[moburkes]

I was thinking about that, as well. Could he just tell mom that he doesn't want the child bringing the cell phone with her on his weekends and that mom can just call his phone to talk to her?

He probably could, but why not let them talk on the cell, or take the cell from the daughter, and answer it when it rings?

 

[amberlea434]

He probably could, but why not let them talk on the cell, or take the cell from the daughter, and answer it when it rings?

He could, but he just thought it'd be easier and less hassle if he just nips it in the bud to begin with.

 

[stealth2]

Or let the kid have the cell for the two calls and then put it away.