Contact and Communication

[Fatherof4]

What is the name of your state? MS

Could someone please help my define contact and also communication. I know what Webster's says and I have my own opinion, but my x is throwing a fit and I would like to know what these words mean legally.

 

[haiku]

legally, pertaining to?.........

you need to be more clear about your problem before we can answer.

 

[VeronicaGia]

A general answer: If you're talking about child custody, visitation and support, physical contact, telephone contact and paying support are all considered contact with the child.

 

[Fatherof4]

I'm sorry to be so vague. Yes I was talking about custody, visitation, and support. I can understand physical contact, phone contact, and paying support. What about e-mails?

 

[stealth2]

email would be considered contact.

 

[Fatherof4]

even to a 2 yr old? 3 yr old? 4 yr old?

 

[stealth2]

Dude - it really would help if you just laid out the situation here. If you've got some reason why you can't do that, then you should really take the time and have a consultation with an attorney in person.

 

[Fatherof4]

Ok. The last time my son saw his mother was when he was 2 (which was 20 months ago). In a years time she sent him about 5 e-mails a month but only called 2 times the whole year. My son is now 4 and in the past 8 months she has called maybe 4 times and e-mails him 1-3 times a month. She is now angry that I "took her son away". She is mad he doesn't know who she is. I told her it is because she had barely been in contact with him in a long time and this is the reason we are in a custody battle right now. Because of the contact. That is why I want to know the definition of contact.

 

[stealth2]

I suspect you'd find that email is considered contact if you were looking to terminate her parental rights - regardless of the child's age. For custody purposes, probably not as much - although still some contact. It's unlikely that she'd get custody from you - although there are no guarantees. I'd probably be thinking of how to get supervised visitation until they establish a relationship.

 

[Fatherof4]

I'm not trying to terminate her parental rights although it has crossed my mind. She had primary custody until Oct 03 when she said she was coming to get him (she lives in AZ). In Oct the judge gave me temp custody. I want to get primary custody at the hearing. I just wanted to know if she has been 'contacting' him.

 

[stealth2]

Yeah, she really has.

 

[Fatherof4]

Not what I wanted to hear, but thanks.

 

[WyattJ]

I was just wondering how a 3 year old receive email and that be considered contact?

 

[Fatherof4]

I was wondering the same thing myself. On top of that, my son was diagnosed with a receptive and expressive language delay. He can't even understand everything that is said to him face to face much less that someone he doesn't know is writing to him and she is his mother.

It makes me mad that she can send him a few e-mails every month or two and that is maintaining 'contact'. She said the reason she doesn't call is because he doesn't know who she is and she doesn't want to "mess with him emotionally". She "doesn't want to make him call her mom if he already calls someone else that".

 

[stealth2]

Presumably, the child lives with an adult who's capable of reading. Is it ideal? Of course not. And this type of contact will weigh heavily in OP's favor. But the court WILL consider it contact.