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???'s on phone/email contacts and pickup language

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texh

Junior Member
What is the name of your state? TX but CP in IA

NCP and CP share joint legal. Physical custody resides with mother in IA. Children are 10 & 11. Thank you all for previous answers, I have learned not to make deals or trade favors but to follow the court order. I have also learned to use the search function ( wink IAAL ;) ) That said, NCP and CP resolved holiday visition this year to correspond with CO. However, some questions came up in the process regarding phone and email contact.

A) CO reads that NCP "shall have a minium of two phone calls per week with the children so long as he calls at reasonble time and not after 8:00pm on any day. Petitioner (NCP) shall have unlimited email communication with parties minor children."

B) CO reads (quote)"Petitioner pickups and delivers the parties' minor children in all visitation periods to take place at Respondent's home unless otherwise agreed upon by the parties.

Question 1--Prior phone calls were not getting answered or returned. Dad asked her for best days and times to call--she said "pick a day, but they're usually not home until 7:00 or 8:00". Does she have any responsibility to provide phone access? Is it NCP's responsibility to just keep calling and waiting for an answer? If kids aren't home until 8:00 and dad can't call after 8:00 what does he do?

Question 2--NCP set-up emails, but they aren't allowed to use them and someone sets up another. NCP initially had those other addresses, but they keep changing. These kids love email, so that shouldn't be a problem. NCP dad asked mom to provide the email addresses since the last ones he has are no longer used. She reponded that they change so often, even she can't keep up with them. This was alarming because either a) she is lying, or b) she is allowing her minor children to set-up their own e-mail accounts and/or c) she has no idea what her minor children are doing online, and whether or not there are any parental controls set-up. What does dad do with this new information? Is NCP overreacting about being alarmed that CP has "no idea" of her children's email accounts?

Question 3--has to do with the wording of B) above. Does it read that ONLY the petitioner NCP can pickup and deliver or does it read that anyone can just as long as the pickups and delveries are to be done at CP's home?
 


Dad might try a certified letter reminding Mom of the co'd provisions while also providing options (for the phone and email)..mayhap a letter from an attorney. Document all and save copies of certified letters.

Dad could notify Mom that he has provided the kids w/ phone #'s/emails (make kids business cards) and that he has instructed the children to call/email him on a certain day (have her pick the day) at whatever time possible.

Question 3 - w/out an agreement, Petitioner does pick-ups and drop-offs at Respondents home..unless stated otherwise in the co's.
 

texh

Junior Member
Thanks

The thing is Dad has tried repeatedly to provide #'s, call, have them call back collect, etc. It just doesn't work. Tried to set specific days to call, but mom says she can't commit to any because of their schedule. Also it's hard to confirm emails when you don't get to talk to the kids on the phone for literally weeks on end. Then when you finally get an email and start using it, it somehow becomes dormant and a new (unknown) one starts getting used.

I guess, unfortunately, dad has to go back to what he had to do before the previous visitation ruling and starting recording conversations and documenting. Last time he got an answer on the phone, she answered, yelled at him about a bunch of other stuff (how stressed she is, how he has no idea what's it's like for her 24/7, etc.), so he told her she was off subject and asked to speak to kids and she hung up on him.

Thanks for the opinions on the petitioner drop off issue--two comments and two opionions as I thought. The wording is a litttle murkey to me because it doesn't qualify petitioner "only" and the wording "to take place" makes it seem more general. I guess we need further clarification since the order does provide for dad to provide air transporation for shorter visits because of time and distance--I can't imagine they expect dad to fly in, rent car, pick them up, fly both ways with them, then drop them back off??? But maybe? Even when things are smooth, mom will deny ANYONE to pick up the kids--even denied dad on several occasions.

Well, guess it's back to document, document, document and then we'll have to get clarification and options to modify the order more clearly.
 

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