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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21729
Experience:  General practice of law with emphasis in family law.
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I am in Texas and I am inquiring the rights of a divorced father.

Customer Question

I am in Texas and I am inquiring the rights of a divorced father. My fiance has had on going problems with his ex-wife. They are parents to a set of twin teenage boys. The mother bought a cell phone for one boy and pays the bill and he bought and pays the bill for the other boy. The mother took the phone away from the boys that he bought and refuses to let them talk to him on the phone. She will allow them to talk on her home line which she openly admits she records conversations on that phone. No where in the divorce decree states he is an unfit father and should have his conversations monitored. He does not want to fight for custody, he wants phone rights. Can he file a motion on the phone use only and if so is it possible he can be awarded a ruling to allow her to give them their cell phone or not to record their conversations? The decree states either parent can not keep a parent from contact. Thank you, XXXXX XXXXX
Submitted: 4 years ago.
Category: Family Law
Expert:  Samuel II replied 4 years ago.

hi

 

certainly. all he needs to do is go back to the court that issued the custody order and file a contempt motion and state the reasons he feels she is in contempt. also, keep in mind that TX law only permits the recording of conversations among those who are parties to the conversation - for instance if she is talking to him then she does not have to disclose it is being recorded. however, if she is not disclosing each and every time and getting his permission to record the conversation between him and his sons, then she is breaking the law. therefore, at the contempt hearing he can also bring this matter of recording his conversations with his son - he should have documentation of the allegations - time, dates, etc

 

if he goes to the clerk of the court, he can request a form to file contempt proceedings. or he can consult with a local attorney to assist him

 

 

Customer: replied 4 years ago.
she did not state until recently she is recording and he refuses to talk on that phone so now he does not get to talk to the boys in between visitation. He usually talks to the boys daily on their cell phones because he was suspicious of her recording. It is unfair he can not talk to them for two weeks without her recording and listening to their conversations. We feel she should not be allowed to monitor and control their communication in that way. He just wants to be able to talk to his sons like a father should be able.
Expert:  Samuel II replied 4 years ago.

hi

 

but if he is not talking to her, she cannot even ask his permission to record. it has to be consent of at least one party to the conversation.

 

that is why the contempt motion can help him. once that is filed, he can explain that he does not get private phone time in between visits - a violation of the order. and that she is recording the conversations - a violation of TX law because she is not a party to the conversation between your fiance and his sons

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