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  1. #1
    Join Date
    Mar 2010

    Default Rights of Non-Custodial Paret vs. Custodial Parent

    Mississippi has the jurisdiction over this issue

    First a little about the circumstances. My Xwife and I were married for 11 years and have two children together- 5 & 9. When we divorced, we both lived in the state of MS. After the divorce, my X moved with my children out of state - several hundred miles. We have joint legal custody and my x has physical custody. In our divorce decree it states that I am to be able to call my children on a daily basis - 5:00pm. It is also stated in our divorce decree that I may provide my children with a cell phone which I may use to call them at my discretion (reasonable time) and my children may call me at theirs. While I have been calling at my designated time daily, my x only allows my children to answer the phone about 5 percent of the time. However, 99 percent of the time she does allow them to call me back, but limits the conversation by going out to dinner, going to someone's house, going to bed, etc. etc. Basically, having them pre-occupied with ANYTHING besides their father. My x makes my children talk of speaker so that she can hear our very limited conversations; as well as, occasionally takes the phone from my children to hear what I am saying and them orders my children what to say to me afterwards. I am a good loving father to my children and I only want to be a part of their life. My x is making it as difficult as she can. My x and I are not on speaking terms; however, I have voiced my opinion through emails. I have the emails as records and recordings as well. I have honestly tried to talk to my x and ask her to stop but it's like . My x just tells me to "bug off."

    My x has also taken one of our children to see a counselor without conferring with me. It is stated in our divorce decree this is a must, but she brushes it off because she sends me an email "later" telling me what she has done for our children.

    My x has signed my children up for every extra curricular activity she can think off without conferring with me as well. I don't mean to be "picking" but she treats me as if I have NO say in my children's life and it's very frustrating. My x makes plans for the children when it is my visits too.

    When my x registered our children for school, she gave the school a copy of our custody papers leaving out the pages that acknowledged me having joint legal custody and me access to my children's records. This has made it very difficult for me to obtain information from the school. I found this out after making a schedule visit with the principal. Now things are better and the school is informing me, but my children have been in school all year and until now I had no idea as to what was going on. I would send emails - no response. I would call - no or very little call back...etc.etc.

    We are going back to court and I want to know if the courts will find her in contempt?

  2. #2
    Join Date
    Jan 2008

    Question Re: Rights of Ncp vs. Cp

    Without knowing the exact wording of the court order, there is no way to know if she is in violation. You fixed the school issue - so that point is moot.

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