Messages

MB- The jurisdiction part has not been finalize.  It's still up in the air.  I have court in early Dec. in NY.  Mom has not shown up the last two court dates here  in NY.  My Texas attorney sent her Texas attorney a letter about setting up a more consistent schedule for communication with my child until we get a Court ordered one (he did this without my authorization which is another issue).  Of course my biggest issue is I want to speak to my child, so I am constantly trying. I get the feeling BM will not comply until we go to court again (if she even shows up, she hasn't the last two times).  In the mean time I am documenting and saving everything (I always do, even when there's no problem).

MomofTwo- My order does not have specific days.  It simply said that BM agrees to maintain and open and flexible schedule to allow frequent communication.  I am not trying to get her in contempt, I am going back to court for modification in order to avoid problems like this and get specific date and times.  I just simply want to talk to my child.

I wanted to get everyone's advise on this issue.  BM is not allowing me to talk to my child (I guess that's punishment for not giving into her demands to do the modification in TX).  I haven't hear from my child in three weeks.  I have sent numerous text messages, I have called, and my attorney wrote a letter asking for access. 

I have decided that I will be sending some sort of communication every other day and asking for a date and time to speak to my child.  Then at the end of the week I will send a letter stating that she did not allow me access to the child and list out all my attempts there.

Do you think this can be construed as harassment?  Her and her attorney like to throw that word around.  Do you think every other day is excessive?

Davy- I sent you a PM.

That's a good idea Davy.  I will speak to my attorney about that. 

I am also going to send her attorney a letter stating that if BM wants communication to occur through her attorney that she needs to forward me the contact information for her attorney here in NY as NY is the state that has jurisdiction and that I will not be communicating through him as he is not licensed in NY.

Gemini- Thank you for your suggestion.  The problem is that my attorney is in TX and I'm in NY, so I can't just get things from him. 

I think I should have my attorney write a letter stating that all communication should be directly transmitted to me if they want a response.

Can I send a letter to the opposing party's attorney saying that any communication should come directly to me and NOT through my attorney?

BM is refusing to speak to me and will only speak through her attorney.  I don't want them send my attorney letters when they can easily send them to me (and I am not paying someone to read it, call me, and mail it).

Thanks Kitty C.  I sent you a PM

Ocean- Yes, she does have an attorney in TX.  She also had an attorney in NY during our initial custody hearings.  When I began the modification process the judge told me that both parent had to hire and attorney or try to get a court appointed if possible.

MB- You're right!  I guess I just had to go through the emotions of the day.  I went with the idea that jurisdiction was finally going to get settled or that temporary orders would be set. 

Does anyone know how many no shows a parent is allowed to have before the courts do something more drastic than simply summon?  I mean BM didn't show and there was no attorney to represent her either....this is #2 for her.  I guess things are getting more drastic since the judge said he was going to take care of it himself but I guess I wanted a general idea of what could be the next step if she decides not to show again?  The judge said she no longer had the option of simply sending an attorney, that she had to SHOW UP with an attorney.  Could I possibly get temporary custody of my child at this point?

As Ocean said, check your current CO.  Does it have anything about moving (mine says that BM has to stay with the same school district).  If not, then go to the court and file a petition so that she cannot move out of the school district. 

I am speaking to you from experience, try to prevent having your son move out-of state.  They always say that they're going to make it work, until something doesn't go their way.