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Judge temporarily modifies parenting time after 15-year-old cites mother—s phone contact with incarcerated man
Summary
After in-chambers testimony and review of phone records, the court temporarily modified parenting time in Forte v. Forte to reflect the 15-year-old—s stated preference and ordered the mother to limit phone contact with an incarcerated person while children are present.
The court heard testimony (including in chambers) on a motion to modify temporary parenting time involving a 15-year-old, Mikaeli. The child testified she did not want to spend a full week at the mother—s house because the mother frequently took lengthy phone calls from a man who is incarcerated and whom the child associated with prior threats and instability.
Mother Elizabeth Forte testified she has continued phone contact with the incarcerated man and provided phone records showing multiple 15-minute collect calls on the first Saturday the child was with her under the week-on/week-off schedule. Defense counsel shown the records on the bench; the records in evidence indicate multiple back-to-back 15-minute calls on that date. The child and mother also disputed whether the child had missed medication and whether the mother supervised sleep schedules; the mother said she had been involved in the child—s medical care and sought to provide stable routines.
The child—s testimony and the documented phone calls formed the core of the court—s concern. Judge David D. Wolfe emphasized the importance of parental example and control of the household environment when children are resident. The judge found that the child—s articulated preference, her age (15), and the mother—s continuing contact with a person who had previously been the subject of an order of protection supported a temporary modification. The court ordered a temporary parenting plan that reflected the child—s preference (alternate weekend residential schedule) and admonished the mother to curtail phone contact in the presence of the children and to avoid exposing the children to the incarcerated man. The judge said the order is temporary and may be revisited at final hearing.
The court explicitly told both parents they must enforce the court's order and not give the child a choice whether to attend exchanges; the judge said parents must ensure compliance with exchange schedules. The ruling emphasized that the child—s stated preference at age 15 is an important factor and that the mother—s conduct in allowing frequent, prolonged calls from a person serving a six-year sentence at 85% created an environment that contributed to the child—s reluctance to attend full-week visits.
