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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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i am a step dad and the father of the children in question

Resolved Question:

i am a step dad and the father of the children in question here has recently decided he wants full custody of his children since i have married there mother. he dose not like me and the feeling is mutual. he calls our house 25 to 30 times a week and i think that's extremely to much, especially since when he calls he will do so back to back to back and it is really becoming a problem. there is a lot more to all this but is there anything i can do to stop all theses calls every week that he has recently started since its a legal matter now??
Submitted: 4 years ago.
Category: Legal
Expert:  Dave Kennett replied 4 years ago.

DearCustomer- Obviously I can't solve the problem of your lawyer not returning calls but you have a right to file harassment charges against the father of the children since you are not a party to your wife's case. I'm not certain that the prosecutor will pursue the matter since it will probably be considered as a domestic situation which it technically is.

 

The other option is for you to ask for a restraining order against him from making excessive phone calls to your residence. He is certainly permitted to contact his children but not to the point that it disrupts your household. This really should be handled by your wife's attorney by talking to the father's attorney or the court.

 

I know this is a strain on your household but it is so typical of a jealous ex husband and sometimes you have to "weather the storm" so to speak until your wife and her ex resolve their custody issues. It's not easy to be the innocent third party in these disputes but I know of no perfect solution to the problem.

 

Dave Kennett

Customer: replied 4 years ago.
well Im the one paying all the lawyer bills $2500 up front $400 to a half of children's lawyer, or gariden at state or something like that and over $1000 in depositions. So i feel like i should have some pull when i feel i have a problem. they have made slander accusations and partaking in actions i Dem to be harassment to me personaly. But my lawyer says i dont need to worry about theses things. How should i go about these two things
Expert:  Dave Kennett replied 4 years ago.

This can be a problem when you pay the bill but the lawyer is technically representing your wife in her case. You are still not a party to the action so you have no standing to do anything in her court case. You would have to file a separate action against the ex husband and ask for a restraining order to keep him from contacting your house or harassing you. I think you have a good argument but it is separate from your wife's case.

 

The lawyer is only obligated to deal with the domestic relations custody case however he should at least be sensitive to your situation and try to resolve the problem. If not you would need to hire counsel to represent you.

 

Dave

 

Dave

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 4 other Legal Specialists are ready to help you

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