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DH said BM was never told to keep SD from him

I love dogs's picture

That's the power of a phone call. Now he told me he doesn't know what to do. I told him he can text BM (key word: TEXT-obviously for documentation) and tell her they can resume 50/50 on Monday at 3pm as per the 50/50 verbal agreement or pick her up on Sunday from 9-4 then Monday and Tuesday from 4-6pm as in the CO.

I don't think 50/50 will ever work again and I'm sure if given these options, she'll rush for an emergency order to avoid following the CO. I've personally been enjoying the break from SD but she is DH's kid and know that he loves her. Sigh. Now to see what he decides..

Edit: he was also told that they're coming to do a home inspection.

Comments

tog redux's picture

Email is better than text - DH tried to use texts in court and they were thrown out because they can't prove who it was doing the texting. Was this a total bogus CPS investigation, or just that part?

Yes, he should immediately demand a return to 50/50, and yes, she will file - but at least this will be settled one way or another.

I love dogs's picture

The same rule doesn't apply to email? And it's not bogus but the woman over the phone just told him that BM was not told to keep SD from him and she could "advise him what to do". I haven't talked to him in person yet.

tog redux's picture

I think email is a bit more legit because it's better password protected and has the person's name on it, both sender and receiver.  With text, someone could pick up your phone and send texts, or someone else could be returning texts than the intended receiver.

Dontfeedthetrolls's picture

It will come down to the judge. Even email can be faked if a person wants to and a decent lawyer can be the difference between it being approved or not.

Most courtrooms are moving towards coparenting apps which require an account and store all data to an online server. They are really great if you’re having issues with communication because there is no way a typical person can alter the content, they can be shared with lawyers easy, and typically can be printed or shared with the court in a very easy to read format. Some even show when a message is sent, received, and read to show stop accusations of “I didn’t get that”.

The issue is the best ones can get costly and if a person still wants to screw around they can so it’s only as good as the people using it. BM in our case would call anytime she didn’t want something documented

lieutenant_dad's picture

Who told him that? BM?

He does realize that until he calls CPS that BM can say whatever she wants and play victim?

I love dogs's picture

He called himself but wasn't told who made the report. He was only told that BM was not told to keep SD from him and that they could "give him advice".

lieutenant_dad's picture

Give him advice for what? Who told him this? Where did the CPS worker disappear to that was supposed to meet with him? Where is the report from CPS?

I love dogs's picture

He's waiting on that and I don't know what advice she was offering. He did call the main office though. We're meeting for lunch soon and he was told that they will be doing a home inspection.

advice.only2's picture

They can only "give advice" because people in the past have the tendency to think "Well so and so over with CPS told me this" and expect it to be law...when it's not.

We had CPS come to our house once because of meth mouth and the case worker just wanted to see Spawns room and that was it, she just kept telling us how clean and nice our house was...yeah we aren't meth addicts!

Legally BM can not withhold visitation unless she had an ex parte hearing for emergency custody and at that point DH would have known because he would be headed to court to work out a new visitation schedule pending the results of the CPS investigation.

ndc's picture

I'm confused.  So were they saying that they (CPS) didn't TELL BM to keep SD away, but advised her to do so?  Or is the "advice" comment separate?

I love dogs's picture

Pretty much, yes. They never told BM to keep SD away but basically should do so "as a mother" if she felt SD was in danger and of course BM ran with that.