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BethIam

Junior Member
What is the name of your state? VA

my ex & I are currently in the middle of getting visitation with our child specified. I am mom & have physical custody. Our daughter is 8. We haven't signed off on any agreement yet and don't even have a court date, but visitation was officially to start Friday @ 6 pm. My attorney had called me last week and began telling me a list of things my x was asking for. I said yes to some, and no to others. One thing I said no to was, for my x to be able to pick up daughter from school on his weekends and then return her to school on Monday am. I have zero problem with the Monday part. But, I did not agree to him picking her up from school. Reason being, on Fridays, a lot of papers come home and we review them together. Her behavior for the entire week comes home on this day, and all her classwork. Also, I would like to have an hour or 2 with her before she is gone for entire weekend. My attorney agreed, and said I was being reasonable. She asked me when I wanted her to be picked up by x and I said 6pm, if that was okay. We could negotiate earlier if he wanted to. So, my attorney was to get with his attorney, tell him what I had agreed to or not, and go from there. We had already agreed that visitation would officially start on this Friday. On Friday afternoon, I called attorney to tell her that I had not heard from x all week and I wasn't sure if he was going to even show. (he's done that a lot) She suggested that I call him, which I don't normally don't like to do because he won't answer, or return my calls. But I did, and had to leave a voice mail. This was @ 2:50pm. I just asked him to call so we could verify visitation for that evening. So, my daughter should have gotten home from school by 2:40. She still is not home, but my HS student who just came in says that they were let out late because of the heavy downpour. At 3:10, I call the school & ask if a bus is running late. I am told no, everything is on schedule. I am now a little worried. My HS student (17) & I get in the car and drive around the neighborhood, looking for the bus. (school is in our immediate neighborhood.) We travel down all the streets and don't see the bus or any walking children. We drive to the school. No buses left, just a few cars in parking lot. Call school again from cell phone. Speak to same person who tells me she has not heard of any buses having problems but is going to call the bus division and call me back. We continue to drive around looking, heading back to the house. She still isn't home and It's no 3:35. An hour & 10 mins. since school let out. We drive a couple of houses down to ask the mother of a little girl that I know rides this bus home also, if she has any idea where the bus/kids are. I am horrified to see that this child is home. I ask her if she rode the bus, she did. I ask her if my little girl was on the bus, she says NO. At this point, I am frantic and honestly think my kid has been abducted. We drive back to the house, I send my teenager in the house to call the police and I call my x from my cell to tell him that our daughter is missing. MY DAUGHTER ANSWERS HIS CELL PHONE!!! I am relieved, shocked & then furious. I tell her I love her and ask her to put dad on the phone. Dad says, what? I am screaming now, what are you doing with her?? why didn't you tell me?? How could you do this?? My teen hears me yelling, comes out on the house phone with the police, and I tell her to tell them, it's okay, we know where she is now. My x says something like, "my attorney told me I could do this and you signed papers saying so." I said, I haven't signed any papers and I'm calling my attorney now. I call my attorney and am told by paralegal that she's out of town. I tell her what has happened and she tells me to calm down and she gets HIS attorney on the other line. Then it starts, back and forwth, okay, hold on, and so on. I am told that apparently his attorney never got the word that I had NOT agreed to this, and he thought it was a go ahead for pick up at school. She says we will sort it out when attorney gets back in town on Monday. I then realize that when I called my x @ 2:50, he HAD MY CHILD WITH HIM THEN!!...he could tell from the message I left that I was under the impression that he would be picking up our daughter later that evening. Still, he doesn't call me or anything. All this could have been prevented. I have never been that afraid in my life. It never occured to me that my x had picked her up at school. We don't have any communication really because his wife is jealous and honestly doesn't let him talk to me about anything, not even our child. What should I do now?? I feel like my interests are not being represented at all now? I won't be sure until Monday, but what in the world could have happened?? I am hoping that my x and his attorney pulled a fast one, and not that my attorney simply dropped the ball. What should I do? My x and his wife are both court happy and vendictive. They are always trying to get me with something, and make up stories about why he hasn't been active in our daughters life. I would really love to burn him on this. Do you think I can? Is the Judge likely to give him what he wants after this? Will they allow it to stand with him picking up daughter @ school on his weekends? Or is it reasonable for me to ask him to get her a bit later?
 


brisgirl825

Senior Member
Do you have a CO reguarding visitation now?

A judge will not be happy with his behavior at all. However, no one can comment as to whether or not he will be granted the ability to pick the child after school Friday.
 

BethIam

Junior Member
Thank you for the response....no, we don't have a CO on visitation yet, and our decree was incredibly vague. It says something like, "the defendant shall be allowed liberal and reasonable visitation with the minor child." Pretty close to that.
 

BethIam

Junior Member
And, what about the lack of communication on his part? Won't the judge frown on that? Doesn't he have to communicate with me when it's about our little girl? He seems to think that a judge will tell me that he doesn't have to talk to me ever, about anything, if he doesn't want to. This weekend for example, I called his phone and left a message for him to have Haylee call me back, I wanted to apologize for being short with her earlier when she answered her dads phone and I was hysterical. She never called and I'm sure she won't. He simply acts as if I don't exist, just to please his psychotic wife. Is there a chance is could be right about that?
 

brisgirl825

Senior Member
As long as there is no other CO, then he has NO right to pick up the child from school. You might politely remind him of that. You should be there, at the school, to pick her up yourself, just in case.

Yes, a judge will NOT be happy about his behavior and it should absolutely be brought up in court. You two have a child to parent and communication will be necessary, the wife will have to get over it.
 

stealth2

Under the Radar Member
Honestly? I think this is a HUGE overreaction. Okay, I can understand the concern when she didn't come home on the bus. But there are legitimate explanations - and knowing that there was a question about Dad picking her up from school, it's not unreasonable to think that it was nothing more than miscommunication. It is unlikely that a judge is going to go ballistic on Dad for a one-time occurance. The most that will happen is it will be clarified in the orders when he picks her up.

You can also make arrangements with the school to have her papers sent with her on Mondays, or to have an extra set sent with her then.

Cooperation has to go both ways between you and Dad. It is not unreasonable for him to want to pick her up from school, nor is it unreasonable for you to want some time before she goes. But considering that you see her the majority of the time as it is, the court may well side with him.

And lose the "I'd like to burn him with this" deal. That rarely goes over well with a judge, and making a huge production of this (instead of finding a compromise) is a sure way to piss him off when you're in front of him.
 

BelizeBreeze

Senior Member
brisgirl825 said:
As long as there is no other CO, then he has NO right to pick up the child from school. You might politely remind him of that. You should be there, at the school, to pick her up yourself, just in case.
JUST THE OPPOSITE. Without an order to the contrary there is no prohibition against him doing just that.
Yes, a judge will NOT be happy about his behavior and it should absolutely be brought up in court. You two have a child to parent and communication will be necessary, the wife will have to get over it.
And as stealth said, no responsible judge is going to be impressed if this issue is brought to his/her attention. This is a non-issue that needs to be clarified IN the visitation order.
 

BethIam

Junior Member
Thank you Stealth, I do agree with you and I absolutely know better than to say I'd like to see him burn, or anything like that in front of a judge. That comment was for this forum, not the courtroom. I agree, saying things like that will work against me.

Honest to God..it didn't cross my mind AT ANY TIME during that hour that my x had picked her up. That was only discussed one time, and in my mind, it had been agreed that it wouldn't happen. I haven't thought about it again. I still, am shocked that he did it. What you don't understand about him is that he has NEVER been to that school before. NEVER..he's had a thousand opportunites, and not once shown any interest. I am suprised that he knew where it was. I can see where it would look to some of you that I may be exaggerating, but even my teen who was with me while searching, was frantic. This kid doesn't really even like her little sister. (LOL) There really was no other explanation as to why she was not home yet. Also, remember that I put a call into x at 2:50. He picked up Haylee around 2:30. He knew when I called that I had no idea he had her. After talking to the paralegal earlier in the afternoon, we had both pretty much decided that he was most likely going to be a no show. I had called her to see how long after 6:00, should I actually wait on him before we left the house. (we had plans for dinner) We decided that I would wait around until 7pm, a full hour. Also, this is something I had forgotten, earlier on Friday, my x's dad called me to see how the first week of school was going and he said something strange to me. I asked him if he had talked to his son, and if he had any idea if had still planned on picking up Haylee this evening. My x dad-in-law said, "I guess, not sure, I think they're waiting on something from their attorney." I had no idea what that meant, and I didn't ask.
I guess I just have a lot of unanswered questions. I am now even wondering if I need a new attorney. Am I wrong in feeling like my interests were not represented at all this weekend? I am starting to feel like BOTH attorneys are working for my x! Do you think it's possible that his attorney knew mine was out of town and they took advantage of that fact to pull a fast one? I know it seems silly, but you have no idea how my x and his new wife are. Very childish and love to hurt me.
 

stealth2

Under the Radar Member
I think it's entirely likely that Dad didn't get the message that from school wasn't okay with you. And that is how it's going to be played, regardless. Ya know, I have a cell phone - and it isn't always on. Or I'm in a place where I don't have a signal. Or I have the volume off and don't realize I had a message/call. You're assuming that your ex listened to your message and said "AHAH! I'm going to screw with her!" I can think of any number of scenarios how this could have played out completely innocently. I'm frankly surprised that you didn't ask the school/bus folks when you had them on the phone whether your daughter had gotten on the bus.

His father, and what he may or may not have said, is moot. My parents don't know my every plan or how it may or may not have changed. I'm sure his don't either.

I really do think you completely overreacted, and are continuing to overreact about both your attorney and his. Relax.

And before you come back with "but you don't understand...." - I've btdt with an ex who thinks up the most astonishing stunts.
 

nextwife

Senior Member
I agree about not presuming a person always has instant access to their cel messages. I'm an account rep, and there are many situations in which either my cel is off (if I'm training people, or in a trade organization meeting, it's not good form to have the cel ring), the signal is bad, the particular building does not allow the signal through, and so on. Sometimes messages that WERE LEFT EARLIER WILL DROP INTO my cel message box on a delayed basis. I montitor my cel all day, and sometimes messages that were left earlier just suddenly drop into my cel mssages, well after recieved. Because I drive so many places each day, I have now figured out many of the "dead zones" , but a person who is not in their car so much each day may not realize their cel signal has disappeared
 
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stealth2

Under the Radar Member
Also, I know when I pick up my kids - I turn my cell off so that we can talk w/o interruption.
 

haiku

Senior Member
honestly, I am not seing the big deal either. You knew there was a bone of contention involving the pick up time. As a mom who has also been there done that, I would have ben asking the school if she got on the bus or not too. I don't know of to many schools in todays age who don't expect a child who normally rides a bus NOT to be signed out of school by an authorized person only. (and barring a restraining order on file, dad is an authorized person) So to me to say there was no other explanation but a kidnapping, is not quite working for me. my first phone call, if my ex is a "jerk" as you have been reiterating, is to him. After all if he requested THAT WEEK he wanted to pick her up from school, he might have figured out where her school was by now.

As a cell phone user myself, depending on your service, you can end up in a dead area, you can even do 'stupid" things like leave it home! It amazes me how many people think that because I own a cell phone I must have it strapped to my body at all times...

I don't think you can make to much of this without making YOURSELF, look unreasonable.
 

haiku

Senior Member
stealth2 said:
Also, I know when I pick up my kids - I turn my cell off so that we can talk w/o interruption.

quite frankly, on most family weekends all our phones get turned to voicemail, and then we decide if we need to call back or NOT.
 

stealth2

Under the Radar Member
LOL I do that with my home phone.

Another thought - talk to your daughter and let her know that, if she's ever picked up unexpectedly, to please give you a ring so you don't worry. My kids do this even if they hitch a ride from a friend's parent, when they'd come home before the bus ever turned into our neighborhood.
 

BelizeBreeze

Senior Member
Listen Beth, take a deep breath, have a glass of merlo and put some Enya on the stereo.

Was it insensitive of the ex? Yes.
Should the ex have let the daughter call you? Yes.

Is this a battle that needs to be fought? Probably no.

Sould you and the ex agree to inform the other IMMEDIATELY when plans change? yes.

I honestly don't see the need for the child to come home from school for two hours when she could be spending that time with dad. So what if you don't get to see the 'papers'? Ya think that DAD has half a brain and can do that job once every two weeks?

You and the ex are in training right now. You're in pre-season getting ready for the regular season of divorce with children. What you prepare for now is what the children's lives will be until they turn 18.

Definately do speak (not yell, not blame, not belittle) about both of you informing the other of changes and if it's possible, allowing the chilren to call the other parent whenever they arrive. not only does it insure the left parent, but it also helps cement the bond between both parents and puts a stamp on "now it's (dad's) (mom's) time.
 

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