Q: My kid mother keep putting telephone miss used charges on me she would never give me my daughter we fight and argue
This is the third time she put in telephone miss use charges on me the first time they put it on the step docket the second time I haven’t been to court yet and before I went to court she put the third one on me so now I’m dealing with two more phone miss use charges because we always fight and she would never give me my daughter will I get jail time I never been in trouble a day In my life I only have this on my record
A: Every argumentative phone call is not telephone misuse. Repeated calls, one after the other, at all hours (especially in the middle of the night or early morning when people are asleep) and/or shouting and verbal abuse with every call, daily, may qualify. Nobody needs to call somebody 5-10 times per day, or even more than once if the person you are calling says to stop calling her. However, if you have a visitation schedule, then calling to confirm the pickup and drop off times, or to exercise telephone visitation with your child, is not telephone misuse. If you do not have a visitation schedule, there is a court process to follow to get one set up. An order will be issued scheduling visitation, when and where and for how long, and if she fails to comply with a court order, you do not call her and yell at or berate her or argue about it, you file a motion to hold her in contempt of court and for an award of attorney's fees. If she continues to repeatedly violate the court order, the court may eventually strip her of custody and award it to you.
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