After my son stopped texting nor calling me, his Mom said the phone "broke". I bought him a phone. His mother became angry. The next day, my son called me crying, and asked me to pick him up. Before I got there, he recorded the following conversation:
Mother: “This is a crossroads. This is where your future begins. You are choosing.”
Son “I’m not choosing anything. I’m not choosing anything. I just can’t stand where you yell at me all day.
Mother: “Why did you get the Phone?” “Why do you communicate with my enemy?”
Son: “Mom, it’s not my fault.”
Mother: “You betrayed me.”
Son: “Mom, I didn’t tell him anything. I didn’t tell him anything. My God!”
I want a relationship with him. He's 14. The mother terrorizes him if he talks to me. I need an aggressive advocate.
The way this conversation was recorded is that he called me, and the call went to my voicemail. On my voicemail is this 3 minute conversation. It's chilling. It's in a format that can be emailed as a attachment. Furthermore, I've received 90 + vitriolic text messages from her, and my son repeats her rants when we infrequently are together. (I'm heart broken, to say the least.) Our Permanent Parenting Plan specifies that I get just shy of 50%, but she obstructs even short visits and only allows one overnight every couple of weeks. Currently, he returned to her and he won't talk to me.
Divorce / Separation Lawyer
Based upon the facts that you state, you have grounds to file a petition seeking both to hold the Mother in contempt of court and to change the permanent parenting plan so that you are named as the primary residential parent. You should contact an attorney as soon as possible in order to discuss your case in detail. Many attorneys including myself offer free initial consultations.
2 lawyers agree
Child Custody Lawyer
Ben is correct. You need to file a Petition to hold her in Contempt and to Modify the Permanent Parenting Plan. The contempt would be based on her failure to obey the court's prior order (the parenting plan which almost certainly included language that the parents are not to disparage the other parent in front of the child). The modification would be based on a material change in circumstances (i.e. she has failed to follow the parenting plan and allow you your parenting time) and the fact that the change would be in the best interests of the child.
You should save every text as possible evidence. You should consult with an attorney regarding the conversation that was recorded.
You should do this SOONER rather than LATER.
The answering of this question does NOT establish an attorney\client relationship. If you wish to hire me call me and we will talk about it, but as of now, I am NOT your attorney. My answers are intended for educational purposes only.
Family Law Attorney
My colleagues are correct. I believe that you could very well "flip" the coparenting time and make it where you have the child almost all the time and Mother has occasional visits. The Court is not going to like Mother violating Court Orders. Many people think that Court Orders are suggestions; they are not. Clearly with the digital evidence you have you can prove that it is in your child's Best Interest for you to be by far the Primary Residential Custodian of your child. As my colleagues suggest, you need to find a very aggressive child custody attorney in the Knoxville area and begin this work as quickly as you possibly can.
If you want to discuss this further with me, send me a note. Attorney Jere Franklin Ownby JOwnby@OwnbyLawFirm.com 865-633-6633