What is the name of your state? Tn/Ky I had a question and wanted to get some opinions on this please. Earlier this month my husbands ex got a DVO Order set the attorney he had told him he could not call or write his son because it is his ex's house even though the court order we have from TN allows it. My husband is wanting me to talk to his son's mother because it has to be third party about getting his son a pre-paid phone so that his son can call him and he can call his son on it. His son is 6 will be 7 in March. Do you think he is to young? Would this be a bad idea? It's just sometimes my husband has to go over a month without seeing him because of the parenting schedule sometimes and it is hard with no contact at all. Please give me some input on this. Thanks!
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Opinions Please
- Thread starter barrett21
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BelizeBreeze
Senior Member
It is ALWAYS a bad idea to involve a third party in dispute resolution when there are court orders involved.
Have your HUSBAND file in where the DVO was issued for third-party transfer for visitation and access to the child.
Have your HUSBAND file in where the DVO was issued for third-party transfer for visitation and access to the child.
response
The Judge in Kentucky won't do anything about visitation and stuff because the origional court order is in TN she just said that my husband could not call or write to his ex's house because it is her property they can only be around each other for drop-off and pick-ups but they cannot talk to each other they have to use third party he see's his son every other weekend but sometimes it is like a month with holiday and stuff so he was trying to think up a way he would be able to talk to his son without bothering her.
The Judge in Kentucky won't do anything about visitation and stuff because the origional court order is in TN she just said that my husband could not call or write to his ex's house because it is her property they can only be around each other for drop-off and pick-ups but they cannot talk to each other they have to use third party he see's his son every other weekend but sometimes it is like a month with holiday and stuff so he was trying to think up a way he would be able to talk to his son without bothering her.
BelizeBreeze
Senior Member
If the visitation order states every other weekend and he is not being allowed his visitation (regardless of the reason) then he needs to file a motion to show cause for contempt of a court order in Tennessee.barrett21 said:
S
shell007
Guest
As for the pre-paid phone...consider this:
Even if Dad purchases phone...it seems, that with all the hostility going on, that the mom could/would very easily take the phone away from the boy anyway. Probably would end up being a waste of money. I don't think this is the solution to the problem.
Even if Dad purchases phone...it seems, that with all the hostility going on, that the mom could/would very easily take the phone away from the boy anyway. Probably would end up being a waste of money. I don't think this is the solution to the problem.
let me explain better
Every body bare with me please i'm not good with words lol. Dad does get his visitation like he is supposed to. What I'm saying though is that sometimes with the parenting plan and holiday's and summer visitation dad has to go without seeing his son because it is mom's turn so he wanted to try to find a way he could talk to his son without violating the dvo order and I wanted to know if the phone thing would be alright if it is stupid or what I was going to talk to mom about it and your probably right she will probably say no or do something to mess it up but dad just wanted to try he is used to calling his son every week now he can't because of this dvo order that has been set in kentucky. I don't understand how he can have a court order in TN that allows him phone calls and to be able to write but now that she moved and got that dvo in ky they say he can't because it is her property he was just trying to find a way to be able to talk to his son was all.
Every body bare with me please i'm not good with words lol. Dad does get his visitation like he is supposed to. What I'm saying though is that sometimes with the parenting plan and holiday's and summer visitation dad has to go without seeing his son because it is mom's turn so he wanted to try to find a way he could talk to his son without violating the dvo order and I wanted to know if the phone thing would be alright if it is stupid or what I was going to talk to mom about it and your probably right she will probably say no or do something to mess it up but dad just wanted to try he is used to calling his son every week now he can't because of this dvo order that has been set in kentucky. I don't understand how he can have a court order in TN that allows him phone calls and to be able to write but now that she moved and got that dvo in ky they say he can't because it is her property he was just trying to find a way to be able to talk to his son was all.
BelizeBreeze
Senior Member
As I said, have him file in Tennessee . If not for contempt, to amend the current order to allow his child to call HIM at pre-arranged times during the week.barrett21 said:
He has a court date set in Tn but it is for August of 2006 to review his case and go over transportation that's a long way's though. I talked to his attorneys the one in Kentucky said that there is no way around it and the one in Tn says they should have set him a time to call during the week and that there shouldn't be no problem with writing but that kentucky may do things different up their. I will talk to him on this thanks for the advice I guess the phone thing isn't such a good idea he just wanted to try to work something out until court because money is so tight right now we have spent so much. Thank You for your time.
Talked to attorney
Well we spoke to the attorney in Kentucky he said it wasn't a good idea for anybody to do third party except for the attorneys between the two of them so he said my husband needed to get with the attorney in TN and have him file a motion to get the Judge to okay the pre-paid phone and have it put in the order so that their would be no problems for my husband he also said this would keep mom from messing up the phone if the Judge ordered it she would have to allow it I guess. So maybe all of this will work out.
Well we spoke to the attorney in Kentucky he said it wasn't a good idea for anybody to do third party except for the attorneys between the two of them so he said my husband needed to get with the attorney in TN and have him file a motion to get the Judge to okay the pre-paid phone and have it put in the order so that their would be no problems for my husband he also said this would keep mom from messing up the phone if the Judge ordered it she would have to allow it I guess. So maybe all of this will work out.
What to do next?
My husband spoke with his attorney in Tn the attorney said that they cannot file a modification because it will contradict the Ky DVO they said the attorney in KY is wrong and the attorney in KY say they are wrong he does not know what to do what should be our next step in this?
My husband spoke with his attorney in Tn the attorney said that they cannot file a modification because it will contradict the Ky DVO they said the attorney in KY is wrong and the attorney in KY say they are wrong he does not know what to do what should be our next step in this?
LdiJ
Senior Member
Ok, here is the problem. KY has jurisdiction of the DV case and has every right to make any order that they like regarding the DV case. The KY judge has ordered that dad is not to call or write letters to mom's home. That is not surprizing in KY.barrett21 said:
TN has jurisdiction of the custody/visitation case and has every right to make orders regarding custody/visitation. HOWEVER, mom and the child are located in KY...ultimately, without KY's cooperation the TN orders can't be enforced.
Now, if your attorney in TN would get off his duff and take this issue in front of the TN judge....then he might be able to get the TN judge to contact the judge in KY, and get that part of the DVO lifted....or come up with some other kind of solution between the two of them. Which is basically what the KY attorney is telling you to get your attorney to do.
What the heck did your husband do that convinced a KY judge to issue a DVO on someone living in another state?
Really nothing
That's the thing my husband and his ex got into an argument on the phone she was in Ky he was in Tn they were only on there a minute and fifty five seconds over some pants his son wore to visit she cursed my husband and he cursed her. When they went to court the Judge said she set the DVO not because she felt that something happened but she was afraid that if it kept on between them something would happen. She set the DVO for one year but it can be re-newed each year from what I understand if that's what his ex wants not sure how that works. They can be around each other but just for drop-off and pick-up but there not to talk or touch one another. My husband said the Judge said if something needed to be said to use third parties but his Ky attorney said no only use lawyers which gets costly after time. It just stinks he can't call or write his son sometimes with the parenting schedule he goes a month without seeing him now he won't be able to talk to him and he couldn't go to his school play or parade because they have to be 1000ft from each other and he could get into trouble I just don't know what he should do next.
That's the thing my husband and his ex got into an argument on the phone she was in Ky he was in Tn they were only on there a minute and fifty five seconds over some pants his son wore to visit she cursed my husband and he cursed her. When they went to court the Judge said she set the DVO not because she felt that something happened but she was afraid that if it kept on between them something would happen. She set the DVO for one year but it can be re-newed each year from what I understand if that's what his ex wants not sure how that works. They can be around each other but just for drop-off and pick-up but there not to talk or touch one another. My husband said the Judge said if something needed to be said to use third parties but his Ky attorney said no only use lawyers which gets costly after time. It just stinks he can't call or write his son sometimes with the parenting schedule he goes a month without seeing him now he won't be able to talk to him and he couldn't go to his school play or parade because they have to be 1000ft from each other and he could get into trouble I just don't know what he should do next.
A few questions?
Well my husband is still trying to figure out what to do he spoke to another attorney in Kentucky and the attorney told him he was supposed to get a explanation of provisions form with his DVO Order telling him what he can and can't do so he called the attorney he used in the DVO Order back and he said that the order meant no calls no mail nothing my husband asked him what about him be able to go to the child's school functions and things and the attorney said if she is there the answer is no and no other attorney wants to help my husband with it because he has hired one to deal with it already. I have a few questions to ask though if You don't mind since my husband has court in August of 2006 can he ask for some changes on his parenting time or is that a bad idea so soon I mean they will already be in court anyways and also my husband is supposed to get a settlement from an accident he was in he got run over by a trucking company people keep telling my husband that his son's mother can get so much of the money is this true or no? Any input would be appreciated. Thanks!
Well my husband is still trying to figure out what to do he spoke to another attorney in Kentucky and the attorney told him he was supposed to get a explanation of provisions form with his DVO Order telling him what he can and can't do so he called the attorney he used in the DVO Order back and he said that the order meant no calls no mail nothing my husband asked him what about him be able to go to the child's school functions and things and the attorney said if she is there the answer is no and no other attorney wants to help my husband with it because he has hired one to deal with it already. I have a few questions to ask though if You don't mind since my husband has court in August of 2006 can he ask for some changes on his parenting time or is that a bad idea so soon I mean they will already be in court anyways and also my husband is supposed to get a settlement from an accident he was in he got run over by a trucking company people keep telling my husband that his son's mother can get so much of the money is this true or no? Any input would be appreciated. Thanks!
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