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Refusing Phone Calls from Biological Parent on Mornings Before School

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  • 12-12-2011, 09:12 AM
    Megslunt
    Refusing Phone Calls from Biological Parent on Mornings Before School
    My question involves a child custody case from the State of: Maryland

    Hi =) I am a stepmom, we have primary residence of the children and I take them to school all week, get them after school, and am responsible for all hw, etc. Their mother talks to them in the evening before bedtime, and in the morning. I have asked her to call the house before 7:45 (when we leave for school, since they go to her school district since it's a better school!) to speak to them. She constantly texts me while I am driving (around 8:20) to speak with the kids. Mornings are stressful, and we simply do not have the time to accomodate a 10 minute phone conversation at that time. I have to get them to school, and get to work- something she does not understand, since she doesn't take them/get them from school and have to worry about getting to work.

    My question is am I violating any of her rights by not letting them talk with her? It's not written into their custody agreement that they talk to her, but she's saying I am not giving her access to her children, and she's getting a lawyer because this is emotional abuse. The kids don't ask to speak to her. If they asked me, of course I'd let them call her. At what point do these type of accusations become harrassment?

    Thanks for your help!

    M
  • 12-12-2011, 09:35 AM
    Mr. Knowitall
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    Frankly, your husband needs to take the lead on this one. It should be him, not you, telling his ex when it is or is not appropriate to call. It will also be him, not you, who is the subject of any court action to enforce contact (should that occur). It's his obligation to make sure that the visitation order is followed, and your only authority is that which you derive through him.

    You make it sound as if you're in the car for a good half hour on the way to school, and you clearly have a cell phone - is there some reason mom can't talk to the kids while they're sitting in the back seat on the way to school?
  • 12-12-2011, 03:11 PM
    Dogmatique
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    And further still - by Stepmom directly preventing contact, she can seriously endanger Dad's custody.

    There is quite clearly no harassment here.
  • 12-12-2011, 05:07 PM
    distressedmom
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    I agree this is your husband's issue. Best to stay neutral.

    But if you lived in our school district, and were caught using a cell phone in a school zone (while kids are going or returning to school) then you will be fined $200. So calling on the way to school in a school zone may not be a legal option.
  • 12-12-2011, 05:15 PM
    Dogmatique
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    Can you find a cite for that, distressed? A person cannot use a cell phone in a school zone? That'd be quite the interesting law!
  • 12-12-2011, 05:21 PM
    Legal Beagle
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    I have heard that if a driver is using a cell phone in a school zone that the fine is higher than for using one elsewhere. I think it would be different if the kids were using a cell phone and not the driver though....?
  • 12-12-2011, 05:25 PM
    Dogmatique
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    That's what I'm thinking - this isn't a case where the driver is using the phone; this is a case where the kids are in the back of the car using the phone.

    I cannot imagine there's a law against that, anywhere.

    I'd like distressedmom to clarify though - her post suggests that any person cannot use a cell phone within the school zone. If it's only referring to drivers, I can understand that. But again, I cannot imagine any ordinance or law saying a person on the street (for example) cannot use a cell phone within a school zone.

    I dream of clarification ;)
  • 12-13-2011, 05:34 AM
    distressedmom
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    Dog- In my city of over 250,000 folks you cannot drive in a school zone and talk on a cell phone, while dropping off or picking up kids, unless you want to contribute $200 to the city.

    It is enforced and frankly, its a good thing. There are enough other distractions while trying to drop off and pick up kids.
  • 12-13-2011, 10:51 AM
    Disagreeable
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    If the kids are not driving the car, they should be able to talk on the phone. This means unless they are Siamese twins, one can use a phone.
  • 12-13-2011, 01:35 PM
    Dogmatique
    Re: Refusing Phone Calls from Biological Parent on Mornings Before School
    That was what I thought.

    You didn't actually say that, initially. ;)
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