Legal Question in Family Law in California
My ex does not answer the phone when I call to talk to the kids when they are with him. We have joint custody of the children. There are times when I call over and over and there is no answer, He states that he doesnt have to let me talk to the kids, I was wondering if this was legal in California?
1 Answer from Attorneys
Unless your court order specifies there will be telephonic communication during your non-custodial time, your ex has no legal obligation to let you call and talk to the kids on his time. Quite frankly it is rather intrusive to have the ex calling all the time to talk to the kids when they are with you. My ex used to call every night and expect to talk to my son no matter what we were doing or what she was interrupting. On the other hand, there can be legitimate reasons for calls on the other parent's time. Most couples work out an agreement about calls on the other parent's time. If you can't work out and stick to a reasonable arrangment, you need to go back to court and modify the custody order, that or accept that he does not want to have you in his time with the kids and absent an order you cannot make him.