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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default 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

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default 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?

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  4. #4
    Join Date
    May 2008
    Posts
    582

    Default 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.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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!

  6. #6

    Default 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....?

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default 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.

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