telephone access

[bigdiol]

HI,

we are in a court custody battle in the state of Ohio. Father currently has residential custody until final decision can be made.

Mother was getting 1 weekend a month visitation, until she refused to return daughter after a weekend. Our attn has written us not to agree to ANY visitation until hearing - the end of may.

She has since started 2 months ago calling around 3-5 times daily - 7 days a week. We had allowed unrestricted access, until the PAS/damage got to bad. (per a therapist)

There is no written order stating how frequently she can/cannot call. She calls the police if she does not get access every day and states the her daughter is "in terrible danger" - being extremely persistant until they come and check.

In the past week, we have delt with CPS, the Police, and anyone else she could convince we are keeping her daughter a prisoner.


Daughter has been bullied into calling every day. Even if she states she wants to call her mom - it goes from once - to 2-3 times a day. -often with a 'call me back" attached to every hang up.

1. Do we have to allow access EVERY day? Whats the minimum?

2. Do we have to allow unmonitored conversations?

3. Legally - How do we handle the daughter wanting to call -even when we KNOW it is "under duress" to do so??

thanks.

[socrateaser]

>1. Do we have to allow access EVERY day? Whats the minimum?

You need to allow reasonable access. It's up to the court to determine exactly what that means.

>
>2. Do we have to allow unmonitored conversations?

If your court order does not instruct that the conversations must be private, then you may monitor them.

>
>3. Legally - How do we handle the daughter wanting to call
>-even when we KNOW it is "under duress" to do so??

You move for a temporary restraining order against the other parent to limit the number of calls, because you are being harrassed.

As a less costly alternative, consider getting a second, unlisted, phone line and then put voice mail on the first line, and the unplug it from the wall. Then EVERYONE who calls will have to leave a message, which if it's the other parent, can be used as evidence of harrassment.

Give people who you need to speak with frequently the new number, and that will be that. Check voice mail from the new phone -- the original line will remain completely unused until things settle down.

[bigdiol]

This really helped.