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Sole Custody/Modification/TPR Question

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cmykds

Member
What is the name of your state? WI

Some of you have read my posts in the past but just a a short recap. I have two children with my ex. Her husband was arrest in Dec 2006 for physically abusing our daughter (5). He was sentenced to 18 months confinement. My ex has stood by his side supporting him throughout it all. In June 2007 my daughter disclosed to her therapist that she has also been sexually abused by him, he was charged and tried and found guilty just May 8th, sentenced to another 13 years. Ex is still sticking by him. Since Dec 2006 she has had supervised visitation ONLY. There have been numerous occasions where she has not shown, cancelled, as well as continued to speak of her husband send the kids cards that include him, etc. She has not utilized visitation since October 2007.

A few months back I had asked on here about phone calls. When we were under the CHIPS order it said that she could call on Saturday's and Sunday's which she rarely did. When the CHIPS order was terminated and the family court order went into effect, there is nothing stating that she can call. After a few months seeing the negative impact the calls were having on the kids I asked on here if I really needed to accept the calls, and was told no because it's not in the court order. The kids behaviour has improved since stopping the calls.

She however does continue to call and leave messages regularly. We just recently as I mentioned when through another court trial where our daughter had to testify and after being there witnessing her and her families (my children's grandma and great grandparents) behaviour. My daughter has been starting to have many more emotional/behavioural problems once again at home and especially at school. Her doctors and therapist recommend no contact whatsoever with Mom or any of the family. I am in the process of gathering documentation from them as well as the school to eventually go back to court to try to have visitation denied altogether in case she in the future decides to utilize it based on this.

My question is (and sorry so long for such a simple question). My daughter is taking a bigger interest in the phone wanting to call friends and have her friends call her. It's only a matter of time before she picks up on the caller id thing. I am wondering if I can change my phone number and not provide it to my ex without any legal ramifications? Or if she
does take it to court for me not allowing contact if I will have enough justification for doing so. Or is it better for me to wait and put this in the request to deny visitation? Also do I just file a modification? I would like to do TPR but based on what I have read for what the basis of involuntary termination is I would not be granted it.

Any advice is greatly welcomed.

Thank you!
 


LdiJ

Senior Member
If her visitation rights are terminated, I would think that would automatically preclude any phone calls as well.

However, don't be surprized if that causes the grandparents to sue for grandparent visitation. They wouldn't win if you fought the case properly, but they could rack up some more legal expenses for you.
 

Ohiogal

Queen Bee
Your ex is entitled to know how to reach her daughter -- by mail and phone -- until there is an order saying otherwise.
 

cmykds

Member
Thank you everyone for the replies.

LJ: I'm really not concerned about the grandparents trying to get visitation, even if they were to try I have enough documentation between the police reports and court transcripts it would not be granted to them and all of her family members have already been denied by the court as being able to supervise the visits with my ex.


OG: That's what I had thought. Thank you.
 

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