Temporary Restraining Order?

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cginsberg76

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Hello:

I, the mother, have primary physical custody of our 9 year old son. I share 50/50 joint decision making custody for our son with the father. The father has resided in Montana for almost 3 years now and the last time he saw our son was over 2 years ago. An attempt (verbally-not legally) between his father and I to keep a weekly phone call schedule to speak to our son was made at the time his father moved; however, his father has never been able to keep to it. So, there are times when our son will go for weeks, even months at a time (the longest being 3 months), when no contact is made. As our son gotten older, his anger has progressed as to why his father doesn't keep in contact with him more. When he asks his father why he doesn't call the excuse is ALWAYS the same, "I had to work" or "My boss won't let me call." His father is a (or was at the time) a server, but has a way of charming our son into thinking that this is an acceptable answer. What our son fails to understand is that no employer in the world makes someone work 24/7 with no breaks in which he could make time for a phone call that could take no more than 5 minutes.

Having said all this, about 7 months ago, our son was so visibly upset that his dad hadn't called (this was the longest span of time - 3 months since last contact) that he didn't want anything to do with his dad. This prompted me to call his father and discuss this with him. His dad was informed that it isn't fair to me to have to help our son understand why he chooses not to keep in contact with him and that he needed to make more of an effort to consistently speak to his son because it tears me up that I cannot explain to him a reason why he cannot call. There is no excuse for him not keeping contact with him. The conversation quickly escalated into other issues and it was apparent to me that my ex felt in order to feel in control of the conversation that he had to drag up old history. After the conversation, it was agreed upon that neither of us needed to speak to each other since we can't be civil with one another, but contact will remain with our son only.

Our son received phone calls every once in awhile, but still nothing consistent. This last week, our son came home from school clearly upset. I thought it was over the fact that he didn't want to do his homework, but as we spoke more, the conversation quickly turned to things like, "I want to kill myself. I don't belong here. I want to go to Heaven." Our son has been clinically seen by both a psychiatrist and psychologist over the past 5 years for ADHD. We last spoke to his psychiatrist a couple of weeks ago and informed her that our son has been speaking like this when he gets upset, but when asked why he talks like this, our son has never given us a straight answer. On this particular occasion, however, our son said that he was mad and sad that his dad was noth calling him and he felt he didn't have a place in this world.

I felt I was at a crossroad. Do I continue to let our son think that his father's excuse of not being able to keep in contact with him was because of work and hope that one day he sees through this excuse or do I tell him the truth? I chose to tell him the truth. Why? Because when our son is 9 and doesn't want to be alive because his father fails to be a father figure in his life, I feel obligated to tell him the truth. After telling him that his father is basically lying to him as to why he can't keep in contact with him, I followed up by saying that it's up to him what kind of relationship he wants to have with his father. If he's okay with his dad calling every once in awhile without being upset, then so be it. But, if he can't accept the relationship with his dad that he has, then he needed to tell him.

Our son decided to call his father up to discuss this with him and the response he got from his father was that he wasn't lying to him, but couldn't give him any other reason for not calling more often. His father then decided to bring up adult issues with our son (i.e. child support he has to pay, change of schools, etc.) to prove to our son that I've been lying to him! When my son got off the phone, he was upset at me because his dad had told him that I take all of his money (his father is behind in more than $23K in child support) and that when he has changed schools I never told him (I have court documents in which are signed by his father and the courts showing proof that I have abided by the laws in keeping his father informed about this decisions).

As it stands now, I need some advice. First, was telling our son the truth about why his father doesn't keep in contact with him a mistake on my part? Second, I feel incredibly strong about seeing if I can enforce a temporary restraining order to restrict all phone calls with our son until we can get a court hearing to enforce that his father cannot discuss adult issues with our son? Have I opened a can of worms and have no where to turn or do I have options? If so, what are they?
 
Restraining orders are not given out because you don't want him contacting you. He is the father, he does have a right to a relationship with his son. At age 9 he is too young to make the decision he wants to contact.

So I have no idea what you think you would be granted a TRO that is not what they are for. Until he threatens your life or physical harm, a TRO will not be granted.

Yyou has a child with a deadbeat and this is what happens.

Does the decree specidfy any phone visitation is supposed to take place? If it doesnt then don't take his calls. Personally if I were you I would try and encourage a relationship with his father.

So I am not sure if this issue is worth taking to court, or whether a judge will prohibit him from discussing things like this with the child. That is up to you to decide, or play firm with dad that he must call consistently if he wants to maintain any relationship with the child.

The fact he does not come around, or call on a regular basis is not going to help him in court.
 
Don't get me wrong. Although I don't get along with his father and don't agree with his lack of involvement with his son, I don't want to prevent a relationship with his father if our son chooses to have one. However, the thought of the restraining order was so that we could go back to mediation to get an agreement drawn up that neither parent can bring up adult topics with the child such as child support, etc. like his father brought up. Our son should never be put in that position and now that he has, I don't trust that it won't happen again. I don't want to feel like I have to literally sit next to our son when he's on the phone with his father, but the idea puts me a little more at ease.

There is no agreement in our court documentations that I have to agree to phone call visits at all. I guess I assumed I had to agree to them so that his father wouldn't take me to court claiming I don't allow a relationship with his father. I never knew that not allowing any phone calls was an option without a penalty from the courts on my part? So it is legal for me to not accept his phone calls if I find he cannot agree to my terms when we speak next?
 
Temporary Restraining Order

Duranie:

I just got into a heated argument with my ex (out of ear shot of our son) regarding not allowing him to speak to our son if he couldn't keep his mouth shut in regards to speaking to him about adult topics. He said that I legally cannot prevent him from speaking to our son like you said. Can you please let me know which section of the law books to reference so that I have documentation that states otherwise? We're going to court soon and I would like to be prepared with this information.

Thank you.
 
I am not an attorney so I cannot tell you. Unfortunately there is really nothing you can to to prevent him from talking about these subjects. I doubt there is actually a law against it, it is just bad judgement on his part. It seems to me you are going to have to address this in court. The courts will decide if this information is harmful to the child and if visitation should be altered.
 
Restraining orders are not given out because you don't want him contacting you. He is the father, he does have a right to a relationship with his son. At age 9 he is too young to make the decision he wants to contact.

So I have no idea what you think you would be granted a TRO that is not what they are for. Until he threatens your life or physical harm, a TRO will not be granted.

Yyou has a child with a deadbeat and this is what happens.

Does the decree specidfy any phone visitation is supposed to take place? If it doesnt then don't take his calls. Personally if I were you I would try and encourage a relationship with his father.

So I am not sure if this issue is worth taking to court, or whether a judge will prohibit him from discussing things like this with the child. That is up to you to decide, or play firm with dad that he must call consistently if he wants to maintain any relationship with the child.

The fact he does not come around, or call on a regular basis is not going to help him in court.
Duranie - what about child abandonment? I don't know what the law is in the above state. For those unfamiliar with this concept, it deals with parent's failure to provide any financial assistance to or communicate with his or her child over a certain period of time that is defined by state law. A court of competent jurisdiction may deem a child abandoned by such a parent and then order that parent's parental rights terminated. I'm not a family law expert but I have seen this issue raised before several times.
 
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