Would it be harrassment or not?

[BelizeBreeze]

Grandma isn't a child care provider. Grandma is who the child is living with, and has been living with since January. Father takes the child for a few months, then the child goes back to grandma. Dad lives in WV, Grandma and child live in MD.

FM did notify dad, in writing, and CC'd his attorney on the correspondence as well. This is when all the BS started... after FM notified him, in writing, that Grandma's interference would not be tolerated and any further interference would be grounds for legal action.

and was it certified? read the ENTIRE post then file.

There's not much we can tell you in this situation because the FACTS are one-sided and we do NOT have access to both sides of the story.

 

[casa]

Grandma isn't a child care provider. Grandma is who the child is living with, and has been living with since January. Father takes the child for a few months, then the child goes back to grandma. Dad lives in WV, Grandma and child live in MD.

FM did notify dad, in writing, and CC'd his attorney on the correspondence as well. This is when all the BS started... after FM notified him, in writing, that Grandma's interference would not be tolerated and any further interference would be grounds for legal action.

You've probably already thought of this Whyte Noise....but did FM already request the child's school records? (which will prove child is residing in another state than the CP)?

 

[Whyte Noise]

Yes BB, it was CRRR. The CC to the attorney was not send CRRR, however, dad's was. Not only CRRR, but also one sent first class mail with delivery confirmation as a back up in case dad refused the certified letter. She has the green card from the CRRR as well as the delivery confirmation.

 

[Whyte Noise]

You've probably already thought of this Whyte Noise....but did FM already request the child's school records? (which will prove child is residing in another state than the CP)?

Yes, she has. She still hasn't gotten them yet, but the request is in. Also sent CRRR. She had to send them a copy of her drivers license and the court order.

 

[casa]

Yes, she has. She still hasn't gotten them yet, but the request is in. Also sent CRRR. She had to send them a copy of her drivers license and the court order.

I suspect that will be her ace in the hole

 

[Ohiogal]

The phone calls aren't being "intercepted" (recorded). I'm a party to the phone calls, as is G'ma. The statute above applies to recording phone calls:

"It is a felony to intercept a wire, oral or electronic communication unless all parties to the communication have consented. But all-party consent will not make the recording legal if there is a criminal or tortious purpose behind it."

"To recover civil damages, however, a plaintiff must prove that the defendant knew it was illegal to tape the communication without consent from all participants. Md. Code Ann., Courts and Judicial Proceedings § 10-410."

Notice the bolded words.

Again, the calls are not being recorded or taped. There are 4 parties to the conversation, FM, her daughter, G'ma and myself.

There are only ever TWO parties expected to be on a telephone conversation -- one on each end. BB is correct here. It is not going to be a good situation.

 

[Whyte Noise]

She's not able to reply... she got the crap scared out of her when a transformer right by her house blew. LOL So, she has no power.

I'm about to leave to go withdraw my daughter from school and do some other things as we're moving in 2 days so I won't be on either to post in her stead.

I agree with the ace in the hole analogy. Dad is the CP, yet he tosses this child to his mother whenever he gets tired of parenting. The longest stretch of time the child has been in his actual physical custody is 5 months. If dad can't (or won't) be the CP, then the other bio parent should. This is one of the basis' of her modification motion.

 

[Whyte Noise]

There are only ever TWO parties expected to be on a telephone conversation -- one on each end. BB is correct here. It is not going to be a good situation.

*sighs*

The calls are not being recorded. When grandma told her dad's attorney and the DISTRICT ATTORNEY told her to start listening in to the phone calls between mother and daughter is when FM asked me to start listening in as well. Now, we know dad's attorney told her no such thing... or at least, the attorney denies she told her to do this. I'm only there to give FM support. Since g'ma was told to listen in, FM wanted an unbiased 3rd party to listen in as well. And in some of the conversations I was a party to I could even hear grandma coaching the daughter what to say to her mother.

And, if only 2 parties are ever expected to be on a phone call, are all these conference calls I participate on for the non-profit I volunteer for illegal as well?

 

[casa]

*sighs*

The calls are not being recorded. When grandma told her dad's attorney and the DISTRICT ATTORNEY told her to start listening in to the phone calls between mother and daughter is when FM asked me to start listening in as well. Now, we know dad's attorney told her no such thing... or at least, the attorney denies she told her to do this. I'm only there to give FM support. Since g'ma was told to listen in, FM wanted an unbiased 3rd party to listen in as well. And in some of the conversations I was a party to I could even hear grandma coaching the daughter what to say to her mother.

And, if only 2 parties are ever expected to be on a phone call, are all these conference calls I participate on for the non-profit I volunteer for illegal as well?

No, because a conference call for work/non-profit is set up as a known conference call. That is different situation entirely.

And telecommunications acts include "eavesdropping" not just recording. Just an FYI~ This Mom needs to keep her side of the street immaculate since she has a good case for custody.

 

[FrustratedMommy]

Ok now that the pee has been scared out of me. The power company originally stated 2 hours, was much quicker, squirrel fried himself, they replaced it and someone is having "fried squirrel" for dinner! lol

My concern however is if I go to court, and say they are telling my daughter what to say, and as Whyte Noise has heard they are; don't I need proof to back it up? I can write whatever I want in a journal if I have someone who can say I heard that and verify it doesn't that help me more?

Either case I am sure as WN said it's because for a change I am pushing back. They used to tell me to "not call, or go away" and it was only for a couple of days so I would back off, but not this time. I am the mom and I am not going to go away. I call one time per night as WN said, as I have for some time.

I don't know if thats going to be considered harassment if it is, then I sure don't want to call tonight and obviously wind up in a sitch that I have to defend my actions and rights to be a parent in criminal court.

 

[Just Blue]

I don't understand...WHY does this man have custody? If he is sending your daughter off to live with his mother...why won't he give you custody??

 

[FrustratedMommy]

control....I don't think I need to elaborate any further.

 

[Just Blue]

control....I don't think I need to elaborate any further.

Ohhh! One of those! Seems like he learned it at his mothers teat!

I'm about 30 min from Keene...Wanta get to geather and go to MD and kick granny's butt??

 

[casa]

Ok now that the pee has been scared out of me. The power company originally stated 2 hours, was much quicker, squirrel fried himself, they replaced it and someone is having "fried squirrel" for dinner! lol

My concern however is if I go to court, and say they are telling my daughter what to say, and as Whyte Noise has heard they are; don't I need proof to back it up? I can write whatever I want in a journal if I have someone who can say I heard that and verify it doesn't that help me more?

Either case I am sure as WN said it's because for a change I am pushing back. They used to tell me to "not call, or go away" and it was only for a couple of days so I would back off, but not this time. I am the mom and I am not going to go away. I call one time per night as WN said, as I have for some time.

I don't know if thats going to be considered harassment if it is, then I sure don't want to call tonight and obviously wind up in a sitch that I have to defend my actions and rights to be a parent in criminal court.

Follow through with the modification of custody. Try to call if you wish, but do not engage Gma regardless.

Anything Gma OR WN say they heard over the phone is "hearsay". What a court will find ridiculous is that this poor child isn't being allowed unhindered communication from EITHER party. I understand you are trying to cover your butt...but with records showing child is living in a different state as CP~ You really do have a good chance at getting custody.

Just take the high road and pursue legal avenues to amend this.

 

[FrustratedMommy]

LOL Sounds like a plan to me!

I hate this really, because I know on one hand if I stop calling then I don't call enough even tho they told me not to; YET if I call then I am harassing them, or so they claim.

Ridiculous.