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Bill Fix
Bill Fix, Attorney
Category: Legal
Satisfied Customers: 79
Experience:  Attorney at Fix Law, PLLC
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I am a 60 year old grandmother. My daughter has a 10 year

Customer Question

I am a 60 year old grandmother. My daughter has a 10 year child, my grandson. He just spent 30 days summer visitation with me and his 65 year old grandfather. Today was the completion of his visitation and because my daughter was working, I drove him to his father's house which is 50 miles away to return him. We had not agreed on an exact time, only Monday evening, Jul 5, 2016. The father called me to ask when I would be there. I responded in about 20 minutes. He called 15 minutes later & began a cursing rant at me because I was not there. I told him we were close and traffic was heavy. He hung up the phone and called back in less than one minute and began cursing again and hung up. I arrived at his about 5 minutes later. He was in the front yard on the phone. He rushed my car and began cussing me as I was trying to get out to help my grandson with his belongings. He continued cursing in front of his son and told him to go in the house. He turned to me and told me to get the f--k out of here.
I have never had him talk that way to me and it upset me very much. I cried on the way home and my concern turned towards my grandson. I did not get to hug and kiss him goodbye. The father is a known user of marihuana & he seemed to be in an altered state.
My question is can I call the police department where the father lives and report this behavior or file a disorderly conduct complaint. Can I ask the police to drive over to the house to make sure my grandson is ok? We have never called child protective services to report concerns, but about 6 months someone called CPS to report the father, who has children from another marriage at his house who are there on visitation.
The father's behavior was bizarre and unacceptable. I worry about my grandson.
Thanks for a reply
Submitted: 9 months ago.
Category: Legal
Expert:  Bill Fix replied 9 months ago.

Based on what you described, it doesn't sound like you did anything wrong. It would have helped had there been an exact time understood between the parties, but it sounds like you were reasonable. If when he called, you said you were about 20 minutes away, that again was reasonable.

Whether you can call and make a complaint would be up to you. You certainly can make whatever call that you want. Folks do it all the time and report any number of things--I'm not sure how effective it would be though. While his actions (in front of his son) were certainly inappropriate, they may not be a violation of any law, court order, or parenting plan that he is to follow. However, if you are in legitimate fear that he may have taken out his frustrations on his son (or do so later tonight), perhaps it is best to call the sheriff's office and make a report. Provide the information, and let law enforcement decide how to proceed.

If CPS still has an open investigation, I'm sure they would like to know the details of this incident too. If he has a history of violence or anger issues, it's possible he may take it out on the boy.

Furthermore, if he threatened you or touched you in any way, you may be able to file assault charges, but you did not mention any of that in your account.

Customer: replied 9 months ago.
Is cursing a Disorderly Conduct?
Expert:  Bill Fix replied 9 months ago.

Maybe. It might depend on things like the volume of his voice, the presence of other people in the area, if he was under the influence of anything, etc.

The most important thing is the safety of the child. Perhaps he was upset at something else or you and calmed down immediately after you left. On the other hand, he may still be throwing a tantrum. Your best move is probably to call and report the incident, let law enforcement decide the best action, and they might make a courtesy check just to make sure the child is not in any danger.

Expert:  Bill Fix replied 9 months ago.

I hope your grandson is safe and that reporting the incident will help in some way.

If I have adequately answered your question, please provide a positive rating. If you have additional questions, please let me know, and I will continue trying to help you. Thanks.

Expert:  Bill Fix replied 9 months ago.

Did you call and report it? Everything ok?