Legal Question in Family Law in California
I have a 5 yr old child that I share legal custody with the father but I have sole physical custody. The custody agreement says that the father has supervised visits. Well, he hasn't seen his child in 3 yrs. The agreement also states that the father can call the child. Well, he has called maybe a handfull of times in those 3 yrs. Now, he is calling everyday. But I believe that he is only calling because I recently filed papers to take him back to court. I don't feel that it is good for my child to speak to the father due to the great length of time in between each phone call. Can I tell the father that I am stopping the phone calls pending a court hearing even though the order states that he is allowed to talk to my child?
1 Answer from Attorneys
No. If you do that you are in contempt of court. In addition to making you subject to fines and perhaps even a visit to the county jail, being in contempt is kind of a bad idea when you are asking the same court for a modification that you are proposing, don't you think?
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