Legal Question in Family Law in Indiana
Cell phones during other parents time
Kids 12.5 and 14.5 go to visit their father for 6 weeks in the summer. He lives in IN I moved to SC. He limits my phone conversation while they are there to 2 times a week for 10 to 15 min between the 2. I am also put on a strict schuedle as to dates and times i am allowed to call. Last year when i was told my limit would be cut down due to their busy schedule i told him i would purchage a prepaid cell phone. He agreed, Then a few days later I recieved an email stating their was no need for one and here was my list of dates and times i could call. I know it's not a 'rule' of his house as his 11 yr also has one of her own. He has always had complete freedom of calling the girls when and where he chooses. Can he stop the kids from taking it with them? They each have their own now. The kids don't understand why their child can have one with freedom and not them, Other then they were told they might cll me when they aren't allowed to.
1 Answer from Attorneys
Re: Cell phones during other parents time
Generally, the Court will restrict one parent from doing anything that interferes with the other parent's time. Of course, there is always a requirement that everyone act reasonably.
Can he attempt to minimize the children's contact with you -- possibly as long as he acts reasonably in doing so. Most judges will allow a few calls per week at reasonable times and for reasonable lengths of time. Also, the Court would likely put the same provisions in place in both homes. In other words, if you can only call 2x per week, then he will be so limited also.
The answer is that there is no clear answer here. You should be sure that you act reasonably and in accordance with the existing Order(s). If he violates an Order, you can file contempt charges against him. If an issue is not addressed and/or if you want to change any provisions, then you will have to file a new action to do so.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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