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Visitation question.

So ex's mom came to get dd for her supervised visit this weekend and told me "something was wrong with her phone". I thought some type of problem that she would have fixed at Alltell that day or the next day (Sat). My dd goes 4 hrs away each weekend for these visits. So Sat I call to check on dd who had told me her ear hurt right before she left and the phone call will not go through. Call ex's phone and get the same thing. There was NO way to reach anybody until she got back to me Sun night. I was livid. She said her phone was cut off because she couldn't pay the bill. Well hell, don't you think you should have told me that! I told her that if it is not back on by the next visit do not bother to come to get her. She said she will have me locked up for violating visitation order. This is the same woman that had my ex take me to court so she could have 2 numbers to reach me by. Do you think they would really lock me up?

Answer Question
 
treynlisa

Asked by treynlisa at 12:31 PM on Apr. 27, 2011 in General Parenting

Level 20 (9,618 Credits)
Answers (10)
  • No but theyd find you in contempt of court.
    gemgem

    Answer by gemgem at 12:33 PM on Apr. 27, 2011

  • She can TRY but she will not get anywhere with the judge. You as the Mom are Legally entitled to be able to contact your child while at a visitation. If she is lying about the phone the judge would lock her up, and deny her visitation for refusing to give you a way to contact your child. If she dosnt have $$ to pay a cell bill she DOES NOT have $$ to make a court filing.
    vbruno

    Answer by vbruno at 12:34 PM on Apr. 27, 2011

  • If her visits are supervised you need to be able to get ahold of her. WHO supervises them? Don't THEY have a number you can call? If not there HAS to be a way to reach these people or you shouldn't let the child go. There must be a reason visits are supervised, right? So, I would think SHE would be in violation by not having a contact phone number so you can check on the child at all times.
    Anonymous

    Answer by Anonymous at 12:34 PM on Apr. 27, 2011

  • No I highly doubt it. Honestly though I would contact lawyer or whoever is over your case and let them know whats going on and see what they say. Given that you need to be able to contact them if something were to happen and vice versa than I think the courts would just laugh at her...
    ramita

    Answer by ramita at 12:36 PM on Apr. 27, 2011

  • no! that could be endangerment of a child if there WAS to be an accident. she cant take you to court, i agree with vbruno. if she cant pay a cell phone bill she cant pay to make a court filing
    KiraStadnik

    Answer by KiraStadnik at 12:37 PM on Apr. 27, 2011

  • The ex mil supervises the visits. If I am found in contempt of court I go to jail.
    treynlisa

    Comment by treynlisa (original poster) at 12:38 PM on Apr. 27, 2011

  • take her back to court and try to get visitation changed then. but you gotta let the kid go with her until then (i didnt read whole post before)
    KiraStadnik

    Answer by KiraStadnik at 12:40 PM on Apr. 27, 2011

  • No, you will not be arrested. If you are found in contempt of court (which requires your ex to file papers, get a court date, do the song and dance), you will not be arrested. Each state has different laws, but on average, you have to have been held in contempt (not just accused, but actually seen before a judge) at least 3 times for the SAME EXACT offense before they can/will arrest you. You may be ordered to pay a fine if you are held in contempt, but that is up to the discretion of the judge.
    What you are asking of them is not unreasonable, and I do not believe a judge would side with them in the vent that they do bring action against you... In cases where the child's safety is in question, that is generally what is considered first in justifying the actions of someone who has violated a court order.
    ObbyDobbie

    Answer by ObbyDobbie at 12:49 PM on Apr. 27, 2011

  • ok I get it. SHE supervises. I was confused. Still...she has to provide a number where you can talk to her or the child.
    Anonymous

    Answer by Anonymous at 12:52 PM on Apr. 27, 2011

  • You need to go back to court and have it specified in the court papers that you must be able to reach your daughter and vice-versa during visits and that both your ex and his mom must supply you with a working phone number for the visit. If your court order does not stipulate this, then you don't have legal grounds to refuse visitation because of this.

    Do you have a cell phone you can send with your daughter on her visits in the meantime to make sure she can get in touch with you if needed? My ex was constantly getting his phone shut off and reinstalled under a new number, so I got my son a pay-as-you-go phone to bring with him to dad's house if he needed to call me. There is no per-minute charge, just a $3 per day charge for each day it is used. The phone itself was $25. It was worth it to me to know I could reach my child and be reached if needed.
    riotgrrl

    Answer by riotgrrl at 2:18 PM on Apr. 27, 2011

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