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Author Topic: visitation/phone calls to my daughter @ home  (Read 1099 times)

surfmex

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visitation/phone calls to my daughter @ home
« on: Mar 01, 2005, 08:11:18 AM »
i recently recieved a letter from my ex's attorney stating that she wants me to either e-mail or write letter's in communicating with my daughter. this has been a change-for the last ten years i've had phone access to my daughter and now she wants to cut that off. nothing in my visitation orders mentions anything about calling my daughter @ home. my question is do i now have to go back to court and have the visitation modified to include phone calls to my daughter? can my ex legally request that i only communicate by letters?
advise
thank you
-SM


TwoBoys

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RE: visitation/phone calls to my daughter @ home
« Reply #1 on: Mar 01, 2005, 09:19:35 AM »
Personally, I would say let her be the one to take you to court to try to restrict access.

Does your court order say anything about the other parent being required to foster a relationship with you, or anything of that nature (shall not stand in the way of communication, a good relationship, anything?).

Look through it, look for anything that says anything to that extent.

If its not in there, continue your relationship with your daughter, including phone calls, documenting it each and every time, dates and times, including any times she tells you not to call, or refuses to allow contact.

If she really wants to push it she can take it to court, and try explaining to a  judge why it woudl be in your daughters best interest to receive letters and emails but not phone calls.

If she continually refuses to allow phone contact, and there is nothing in the court order, check your state laws (ours specify something about allowing contact - that phone contact is considered a parental right or something along those lines), and if theres still nothing - file a modification.  Double check with an atty even if only for a consult though ;)

TwoBoys...

VAStepmom

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RE: visitation/phone calls to my daughter @ home
« Reply #2 on: Mar 02, 2005, 08:46:13 PM »
She can request it, but she won't get it granted.  In fact, continue to call as usual.  Make sure you document everything including time of call, message left, or what was said if she answers.  Explain letters and email are too impersonal as a means of communication between a father and his daughter.  Let her take you back to court for this matter.  The judge will see her as petty and controlling, which benefits you, and while you're there you can get the parenting plan reworded to specifically allow telephone contact with your daughter.  If she interferes, she will be in contempt.  And make sure she gets all the court costs.  Good luck.  

Troubledmom

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RE: visitation/phone calls to my daughter @ home
« Reply #3 on: Mar 03, 2005, 10:52:12 PM »
As already has been pointed out most states have some sort of law for "continuing contact" which includes telephone access.

I would write her attorney a nice letter saying that you feel that as the status quo for the last 10 years has been telephone contacts once a week, once a month, or whatever, that you feel it would be detrimental to your daughters relationship with you if those were to end. I would also include a statement to the effect that communication soley by email or postal mail creates a situation in which your child could be denied access to any and all communication efforts that you make and would not be in the best interest of your daughter. Close with a comment something like your main concern is what is best for your daughter and that you feel it is continuing the telephone contacts as has been established over the previous 10 years.

JMO
TM

 

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