It is not uncommon for a divorced couple to split custody of their children. In situations where the parents are not married, a father can take a paternity test to confirm biological status. Once this has been determined, a custody case can proceed. In Texas, parents will typically share joint managing conservatorship - also referred to as joint custody - of a child.
Under this structure, parents share or divide a list of responsibilities that relate to the child. These responsibilities include: the right to designate primary residence, the right to receive child support, the right to make educational decisions, and the right to make medical and treatment decisions in regards to the child.
To make this situation work well for both the adults and the children, the parents need to respect the responsibilities and capabilities of each other. If not, an abuse of custodial rights may take place.
Recently, a mother was ordered to stop communicating with her son via the popular FaceTime feature on iPhones. Her son is living with his father, and according to reports, the mother was intruding on the father's home by spending several hours on video chat with her son.
A judge ordered the woman to stop her attempts to spy on her son and his father. While she claims she was using the device to help her son with his homework, it was seemingly infringing on the time he was spending with his father. To stop the interference, a judge ordered the woman to replace her son's iPhone with a simpler phone that does not have FaceTime capabilities.
It is not reported why the woman does not have custody currently. However, the father was granted custody of his son and therefore the mother should follow the orders of the court. Instead of exploiting the availability of technology, the mother could seek a modification to the custody arrangement. The woman plans to file an appeal and will attempt to seek custody of her child.
Source: The Wall Street Journal, "NYC judge orders mom to stop FaceTime with son," Jan. 13, 2012










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