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#185315 - 11/26/07 05:47 PM what constitutes concealing a child?
four7294 Offline
Member

Registered: 01/20/06
Posts: 76
Appendix A states that concealing a child from the other parent is a felony. What exactly constitutes concealing the child?

If one parent takes the child to an intentionally undisclosed location (they are refusing to tell the OP the location when OP asked for that info) and OP is unable to reach the child and voicemail goes unanswered...is this concealing a child?

Custody/parenting time is not being interferred with...but the child is completely inaccessible to the other parent.

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#185325 - 11/27/07 07:02 AM Re: what constitutes concealing a child? [Re: four7294]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
"Custody/parenting time is not being interferred with"
Typically, unless there is something in your order to the contrary, either parent can do whatever he or she wishes with the child during his or her time. There is nothing the other parent can do about it, and there is no obligation to inform the other parent. Per my decree, I have an obligation to tell my ex if I remove our son from TX for more than 12 hours; the same is true in reverse. As long as your custody time isn't being interfered with and there is no harm to the child, you don't have a right to know where they are and what they are doing on the other parent's time. It's NICE if the parents can communicate well enough that they each have a pretty good idea where the kid is at all times, but it's by no means mandatory.

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#185326 - 11/27/07 08:13 AM Re: what constitutes concealing a child? [Re: BeaverFever]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
I don't know if you're asking for yourself or for another. Sounds like you never resolved your earlier issue about adding the phone language. He succeeded in not allowing private phone calls in the agreement, but surely he didn't succeed in eliminating all calls? I realize there are parents out there who will "overcall" and sometimes even upsetting the child, but, I thought your request to call just once on the weekend to follow up on her Monday needs for school was reasonable. Although, you shouldn't have to have a reason to be allowed one short call.

Does he call when she's with you? Some parents don't feel it's necessary to call and expect for the other parent to feel just as they do.

Well, hopefully, your upcoming mediator session will address and resolve that, but basically you're not entitled to a schedule of where the child is going to be with their parent -- unless, you're discovering they are doing things prohibited by the agreement.
_________________________
When you know better, you do better -- Maya Angelou

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#186558 - 12/18/07 09:49 AM Re: what constitutes concealing a child? [Re: HevnMaidMe]
four7294 Offline
Member

Registered: 01/20/06
Posts: 76
I'm asking for me. Our new CO doesn't specify telling each other if we take her out of town and he has and doesn't tell me. Once was a religous retreat that he sent her on.

I think it is a simple matter of being respectful towards the OP to let them know if the child goes out of town. I think most parents would like to know if their child isn't anywhere near where you think they are.

No, the phone calls were not resolved. He refused to sign the agreement if he had to allow DD to have private phone calls with me. I just don't call much...it is so unpleasant. The last time I did, they did not give her my message anyway.

No, BD does not call DD very often. I suspect if I was obnoxious with calling her at his house, he would do the same. This is the only instance where BD treats me the way I treat him. In all other aspects, he is verbally abusive and a bully and I've been his doormat. I am working at learning to treat him the way he treats me, or at a minimum, standing up for myself.

HevMaidMe - I like your quote at the bottom of your post. :)

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#186585 - 12/18/07 03:46 PM Re: what constitutes concealing a child? [Re: four7294]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
Well, I absolutely feel you should know about such things as a religious retreat, especially if neither of her parents are going to be around. I would expect common courtesy there.

At the mediation you should once again bring up the phone calls, his failure to relay messages, and the discomfort he imposes on you.

You should consider asking for something similar to what Beaver mentioned. The 12 hour out of state rule, except think of a ways to conform it to in-state situations too, as the retreat. I don't think it's right for one parent to decide to send their children somewhere for 12 or more hours and conceal it from their other parent. Most of the retreats my children have been invited on have been in excess of a full day and they're often planned in remote areas of the state or even bordering states.

Well, express all your concerns in mediation, and if he's wrong about something, let the mediator be the one to allow him to know. Best of luck.
_________________________
When you know better, you do better -- Maya Angelou

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#186586 - 12/18/07 03:47 PM Re: what constitutes concealing a child? [Re: HevnMaidMe]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
p.s. About the quote, thank you. I love Maya Angelou's thoughts and writings.
_________________________
When you know better, you do better -- Maya Angelou

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