can my ex get into trouble for withholding my communication to my kids?

Cherie - posted on 08/22/2012 ( 2 moms have responded )

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Ok, my ex and I had to do an every other week thing with my boys until school starts.. my final date for custody is the 27th of this month. Every week he has the boys, I call them every day, see how they're doing and whatnot, because my oldest, who is going to be 6, hates his father, and always asks me to come get him. Every day I call. Today my ex has decided to shut his phone off, even posted on his facebook that he's doing a test today. I've been with him for over 6 years, long enough to know every aspect of his personality. And he is doing it, I know without a doubt, to see how our oldest reacts towards him when he withholds my communication from them. Is he allowed to do this? What if there happened to be an emergency? I've already called my lawyer, she said to wait, and I've emailed my GAL about it also, no reply from him yet. Our divorce isn't final yet, and he decides to withhold my communication to my children. Will this make him look bad in court? Please someone shed some light.

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Sophia - posted on 09/17/2012

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My ex is doing something similar. He won't allow me to see my 2 yr old. We were never married though

Tami - posted on 08/29/2012

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I am not 100% sure, but I can tell you my personal experience and maybe you can get something out of it. My ex and I have a separation agreement, but it's not court ordered. He stopped paying his child support so I cut off my son's phone. (I bought my 4 year old a GO phone so my ex couldn't call and hassle me.) I was told that unless an agreement is court ordered, there really is nothing you can do about it and that it's pretty much just a guideline. However, in my case for example, any missed payments backed up to the date on our agreement my ex will have to fork it all over once the divorce is finalized. Just the same, I will have to turn my son's phone back on since we have in our agreement that any form of communication is to be open.

My advice to you is write EVERYTHING down. My ex and I communicate solely through e-mail so I have everything saved in a folder. Buy a journal and keep track of anything and everything...date and time it too. That journal can be and will be used in court if it is kept up with. Keep track of how many times you call and if you leave any voicemails. Anything your children say that makes you uneasy, write it down. Good luck!

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