Unable to call my daughter

[lindsayilene]

What is the name of your state? MI

Parenting time between my 4 year old daughter and her dad commenced about 2 weeks ago.

I am allowed 2 phone calls anytime she is in his care. I have tried to call yesterday and today, but I only get the answering machine. They have yet to have my daughter return my call.

The trouble is I do not have his phone number. I have his girlfriend's cell and house number, but they do not live together.

Am I entitled to his phone number legally? Is there some sort of grievance that I can file due to the fact that I have been unable to talk to my daughter?

Thank you for your time.

 

[kidoday]

You really need to post the whole order.

Something isn't right if the order commenced two weeks ago and you don't have a proper number to call.

 

[tcpmp]

You can file contempt as long as it states that in you custody order.

 

[lindsayilene]

Excerpt from order

"5/Each parent will be allowed two (2) phone calls with the minor child whenver the child is not in their individual care and custody with the possibility of one additional phone call upon the request of the child."

Thank you for your responses. I am not pleased that I cannot contact my daughter. I have called his parents, brother, girlfriend, and nobody is answering nor returning my calls.

 

[tcpmp]

My custody order stipulates that my we will notifiy each other when there is a change in addresses or phone numbers. Does yours state that he is required to give you his phone number or just that you are allowed the phone calls?

 

[lindsayilene]

No

No, the parenting time order does not state that we have to notify eachother of address or phone number.

The judgement of paternity states that we have to notify the Friend of the Court with this information.

He has my address, home, work, and cell numbers. I have his address only because it was on a paper that the FOC sent me. I had no idea where he lived for the longest time. His phone number seems to be unlisted.

How do I go about modifying the order so that I can have his number to contact my daughter? How do I go about filing contempt, if it is necessary.

 

[haiku]

the order as written here is rather "vague". And up for interpretation as far as whether or not contempt has occurred.

A modification would be helpful outlining specific times for the phonecall, and what happens if the child is or will be unavailable.

 

[lindsayilene]

Ok

Since I have already signed this, how can I modify it? We both had to sign a paper to request mediation for the order to occur. Do we both have to sign a paper to request modification?

 

[stealth2]

Considering it's a long weekend, isn't it reasonable to think that they MAY be out of town for a few days?

 

[lindsayilene]

If that were the case I would not mind. Unfortunately it is not.

 

[stealth2]

And you can prove that?

 

[haiku]

if as stated in your prior posts, no one including family members has returned your calls, how do you know they are home?

 

[lindsayilene]

Because I know.

Anyways, since the father's rights advocates are trying to start something, with the unreasonable cp, and those legal questions are remaining unanswered. I will be moving along.

Peace

 

[Gonwin]

Lindsayilene

I can't believe you are limited to the number of calls you can make while she is with her dad!!! Do you limit the amount of times your X calls your daughter??? Do you limit how many times your daughter calls her daddy???
I encourage my children to check in with their dad as much as they can. I think that's really strange... Anyway, wouldn't it be in your daughter's "best interest" to call mommy or daddy whenever she feels like it???

Even though my X could care less how many times my children call me when they're with him, I send a cell phone with them so they can call me anytime they feel like it. I know your daughter is young, but you can set it up so she can push just one number and she will get you. As long as this wouldn't go against the order (which it may), this might be a great way for you to be able to communicate with her (when her father isn't returning your calls). Take care.

 

[haiku]

personally though there is nothing wrong with being a fathers rights advocate, I like to think of myself as a CHILDRENS advocate but anyhoo...

well its a little strange if you know they are home, but you have had no contact with them or anyone else, and frankly HOW you know this may be important to your case, if it came to your filing contempt charges.

with the vagueness of your order-you have no times for when these phonecalls take place-2 phonecalls per visitation period could be interpreted as 2 phonecalls on the day your daughter returns to you. So technically speaking there currently may be no contempt, until your daughter comes home, see what I mean?

Document everything, and if you want to file contempt charges, the paperwork can be found at the court clerks, where your papers are filed.

Depending on your states laws,contempt is usually a simple process, as long as you fill out the paperwork properly and have proper documentation. it will cost you filing fees, possible sherriffs fees to have him served,and you will likely end up in some form of mediation where you can then work out something a bit more clear to avoid this confusion in the future. As to the outcome I cannot say.