More on the cell phone subject.

[I cry_ in_the_dark]

On September 19, my X received notice via certified letter of my intent to provide my 14 year old daughter with a cell phone as I am moving out of state.

In the past 6 months, they have refused to allow her to make long distance calls to me while I was travelling. My court order states: "The parties agree that the children shall always be permitted to telephone the non-custodial parent(me) when they desire."

Yesterday, having been the 10th day after receipt of the certified letter, and having no response to my letter of intent to move as well as entrust a cell phone to my daughter, I purchased two cell phones, one for me, one for my daughter as well as a 2 year contract. I gave her this cell phone last night, when she was spending the night with my sister and returned her to his home today.

I went the extra mile on these phones, purchasing camera phones so that we can send pictures back and forth. This afternoon, we were on our phones talking and learning how to use them, when wife #3 came in screaming and hollaring at her to get off the cell phone. My daughter informed her that she was talking to me. Wife #3 told her she was to only talk on the home phone and to hang up.

My X just called me, advising me that when she wishes to call me, she must tell them and they will give her the cell phone. I stated to him that if he wished to set any restrictions, he should have advised me, as her phone has programmed in the numbers of my sister(in another town), my brother(in another state) and my mother( in another state).

I have...all legally recorded...his statements...."There is NO reason she has to call you every morning and every night." (We have talked every morning and every night for the last 2 years (Since he got custody) because she calls me every morning and every night because she has hated it there since day one .)

I have, legally recorded..."I will smash your f'n cell phone".

"I seen her last night when she came home and she should have told me she had it" ( She didn't go home last night, she went home today, and he was not there when I returned them to his house today.)

etc, etc, etc. I have repeatedly, and again as well today, suggested that he take his daughter, alone, just he and her, and that he get to know her. Again today, after the same suggestion, he gets irate and and says how unreasonable I am and hangs up on me again. He refuses to do this because wife #3 will not allow it.

I know that you advised me that he could take the phone but that he would have to return it to me. However:

1.As I gave him ample time to respond to my certified mail...do I have any recourse other than to demand the phone back? such as to pay any and all charges related to this phone upon it's return to me?

Thanks Soc.

[Sunshine1]

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[socrateaser]

>1.As I gave him ample time to respond to my certified
>mail...do I have any recourse other than to demand the phone
>back? such as to pay any and all charges related to this phone
>upon it's return to me?

No. Your only recourse is to file a motion for contempt on grounds of violation of the parenting orders re telephone contact. If you win, then you can get sanctions against the other parent that will more than cover your unused phone time.

[MixedBag]

Set up a 1-800 number that rings to your home phone.

Then when you're gone, have your home phone forward the calls to your cell phone.

Calls can be made from ANY phone to reach you at any time.

Now granted that doesn't solve the problem of call your relatives, but the connection to you is what matters.

There's also no "cell phone" to take away.