Should I notify the court, if my ex-husband and his wife are making excuses for not letting me talk to my kid?
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My ex-husband did not return my calls for one month, when I was calling to speak with my daughter. My ex has sole custody of our daughter. Why? I was in the military, and my unit was getting deployed to Iraq for a long time, so I let my daughter live with her dad. I pay my child support every month, because I love my daughter. I have phone records showing all the outgoing calls to my daughter. My phone records also prove that I did not receive a call back until today. Why did I finally hear from my daughter after one month? I sent my ex a text message advising him I had phone records, and I would notify the court of his behavior. My family even said they would hire an attorney for me. I received a call from my daughter five minutes after sending that text message! My ex-husabnd's new wife called back after I finally spoke with my daughter. She advised me that my ex was working two jobs, and that's why he didn't call back. She also said she checks his voicemail and text messages everyday. My daughter's step mother said that I only called my daughter once in the past month.I understand if it takes a couple of days for them to call back, but if she was able to call back within five minutes of receiving my most recent text message, then someone should have called me back before today!My daughter's step mother also lied and said I didn't have voice mail on my phone! I've had voice mail on my phone for three years! I live alone, and I recently had surgery. I was hospitalized for awhile, and I was also on bed rest. But, I still found a way to call my daughter and send her child support. So, my ex can do a better job of calling me back, despite the fact that he has two jobs! If I didn't pay my child support, he would call me, and he would also notify the court. I want to be involved in my daughter's life, so I will not tolerate a month passing without talking to her! My daughter is at an impressionable age, so it's imperative that she talk to me on a regular basis. I tried to explain to my daughter's step mother that it's not acceptable that no one responded to my calls in one month, I couldn't really get my point across, because she became irate. She chose to respond to my most recent text message. Why? She doesn't want to get in trouble with the court. A mature adult will not make excuses for someone neglecting their responsibilities. No one would make an excuse for me, if I did not pay child support. Since they're making excuses and not acting civil towards me, should I notify the court?
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Answer:
You're going to court because they didn't call you back in a month? I'm not too sure what the court is going do for you than a slap on your ex husband's wrist really. Unless it clearly stated in your divorce agreement that you will have a certain number of calls a month, you're stuck on that one. I would say have your divorce agreement changed, and add that one in. A court battle over the phone is a HUGE waste of your time and money. Good Luck. By the way not all us step mothers are wicked, I am a step-mom and I agree a month passing is crazy!
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Other answers
Tell your ex's new wife that you will not tolerate their trying to alienate your child from you, and that she better get that kid on the phone when you call or you'll see them in court. Tell her that she better stay out of the middle of the situation between you, and your child's father because it's very doubtful that your ex will be able to do anything to protect her once the judge finds out she's interfering with your parental rights.
if he has sole custody he is not obligated to let you see your child, even though he should. since you are back you need to get a lawyer and get joint custody of your child or at least something in writing that says you are entitled to visitation. Being in the military you didn't have to give your ex sole custody, its called a family care plan. She could of been yours 100 percent and he would of just been your family care plan. Truth be told, the more I think about it, your custody is joint because you have never been to court about it or at least you don't say you have, you said you let her live there, if she was living with you first, she should of came back to your home...am i missing something? Go to court, get your custody straight, then he won't have a choice.
You can notify the court all you want, but I would bet money they wont do a thing, even if there is a telephone contact time on your court order. If there is not telephone contacts on your order, you would need to file a motion to have that put on your order. I would keep trying and see if you can get a hold of your ex, not his wife, and set up a time a couple or three times a week for you to call to speak to your daughter. As for the ex, I would not discuss any business whatsoever involving your daughter or your ex with her. It is none of her business for one thing and for another she has already proven that she cannot be trusted.
U have everyright to see ur daughter. U need to notify court if step mother and dad are refusing the contact. After all u her mother and u are being resposible mum by working and also paying for ur child.
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