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Am I keeping my child from talking to her father? And a custody change?????

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Radia

Member
What is the name of your state (only U.S. law)? TX
First...
My ex has fled from the state in order to run from several warrants including a Felony Grand Jury Indictment. He actually fled the day he missed court and the warrant was issued.

He also has not talked to the kids in months. I do not let my youngest answer her phone when it is a blocked number or a private number for safety, she is 15. This way I keep tabs on who she is talking and texting. I told her father that she cannot answer when calls are blocked or private, so he cannot talk to her on her phone. He can, however call my phone from a blocked or private number. I even told him if he wanted to set up a time frame for him to call her so there was no need for me to answer, only to hand it to her, that it was fine.

He is running from the law and this is an element of his hiding. He is telling others that I will not allow him to speak to DD at all, when in fact he is just afraid I will track him down if he calls my phone. I my opinion he has a choice in that he can either call my phone, use a phonecard which will use a phonecard number, or he can choose to call from a listed number if he would like to talk to her. I am making her available, he is choosing not to call.

He is telling people to get the message to DD to let her know that I wont allow him to call. That I am actually preventing contact with her.

The decree spells out visitation times, which he has not exercised since August 2011. It says nothing about phone contact at all. He is threatening that he will take me to court for not allowing contact. I doubt it because he will be arrested if he shows up.

Second...
As mentioned above, he is currently running from the law. He is unable to be contacted at all, and his parents have also changed their numbers. He is court ordered to provide me with an address, he is NOT going to do that. I have full physical custody and we share legal custody. Our daughter is wanting to go on a mission trip, and needs a passport, which I cant get with shared legal. She also needs braces and I am supposed to share major medical decisions with him. He is intentionally unavailable to make these decisions.

If I presented the idea of changing custody to me having sole legal custody (the only item that would need changing) would I have a chance in court? I can have him served by substitute service at his parents home because it is the address he has registered with the court, and the post office has told the AG's office that he receives mail there.

I am not wanting to change anything else, visitation etc.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? TX
First...
My ex has fled from the state in order to run from several warrants including a Felony Grand Jury Indictment. He actually fled the day he missed court and the warrant was issued.

He also has not talked to the kids in months. I do not let my youngest answer her phone when it is a blocked number or a private number for safety, she is 15. This way I keep tabs on who she is talking and texting. I told her father that she cannot answer when calls are blocked or private, so he cannot talk to her on her phone. He can, however call my phone from a blocked or private number. I even told him if he wanted to set up a time frame for him to call her so there was no need for me to answer, only to hand it to her, that it was fine.

He is running from the law and this is an element of his hiding. He is telling others that I will not allow him to speak to DD at all, when in fact he is just afraid I will track him down if he calls my phone. I my opinion he has a choice in that he can either call my phone, use a phonecard which will use a phonecard number, or he can choose to call from a listed number if he would like to talk to her. I am making her available, he is choosing not to call.

He is telling people to get the message to DD to let her know that I wont allow him to call. That I am actually preventing contact with her.

The decree spells out visitation times, which he has not exercised since August 2011. It says nothing about phone contact at all. He is threatening that he will take me to court for not allowing contact. I doubt it because he will be arrested if he shows up.

Second...
As mentioned above, he is currently running from the law. He is unable to be contacted at all, and his parents have also changed their numbers. He is court ordered to provide me with an address, he is NOT going to do that. I have full physical custody and we share legal custody. Our daughter is wanting to go on a mission trip, and needs a passport, which I cant get with shared legal. She also needs braces and I am supposed to share major medical decisions with him. He is intentionally unavailable to make these decisions.

If I presented the idea of changing custody to me having sole legal custody (the only item that would need changing) would I have a chance in court? I can have him served by substitute service at his parents home because it is the address he has registered with the court, and the post office has told the AG's office that he receives mail there.

I am not wanting to change anything else, visitation etc.
If he is running from the law you SHOULD wish to change visitation etc. However, getting sole custody is not the only option for getting a passport for your child. There is a type of form that can be submitted with the passport application that gives you the opportunity to explain WHY you cannot get the other parent's signature. Many people have been successful in getting passports for their children using that form.
 

Radia

Member
What should I change visitation to? The only child that would visit him would be the 15 yr old and I am trying to be careful not to come between her and her dad.

Thanks for the info on the passport option... is the fact that he can't be found enough to protect me in making medical decisions without consulting him?
 

LdiJ

Senior Member
What should I change visitation to? The only child that would visit him would be the 15 yr old and I am trying to be careful not to come between her and her dad.

Thanks for the info on the passport option... is the fact that he can't be found enough to protect me in making medical decisions without consulting him?
I understand that you want to be careful about coming between her and her father. However, he is a wanted by the police, indicted with a felony (and apparently other warrants) and it certainly would NOT be safe to send your child to visit him wherever he is. You should try to get his visitation suspended until such time as he deals with his legal issues and stops running.
 

breezymom

Member
http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/FamilyLaw/FamilyLaw.pdf

Do I have to make my child visit if the child does not want to go?

YES! The only exception to this rule is if a parent believes the child may be in danger if the visit
occurs. If the parent suspects the child may be in danger then he/she should contact
the appropriate law enforcement or child protection agencies. The parent should also
file an emergency motion with the court asking the court to suspend the visitation
because the child is in danger.
A parent cannot refuse to send the child for a visit
because the child does not like the other’s parent’s house, neighborhood, spouse,
boyfriend or girlfriend, or just because they are having a bad day. Texas law requires
that the parent make the child available for visitation unless the parent goes back to
court and gets a different court order. The parent is not allowed to alienate the other
parent and, even if the parents do not like each other, the child should always be
encouraged to visit the other parent.
 

Radia

Member
http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/FamilyLaw/FamilyLaw.pdf
Thanks, I had not considered this an emergency especially since he is not attempting to use his visitation.

And thanks for the other info Ldij
 

LdiJ

Senior Member
Thanks, I had not considered this an emergency especially since he is not attempting to use his visitation.

And thanks for the other info Ldij
The courts would consider this to be an emergency.
 

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