Legal Question in Family Law in California

Inappropriate phone calls

I have legal custody of my son and his mom has supervised visits (she does not use) and phone calls on Wednesdays from 7-8pm. Her calls are on speaker phone and now have been recorded (my call). She uses profanities against me and tells my son not to listen to me and talks about adult stuff that I am not a good parent and how she thinks the Court order is dumb. These things are all not allowed per the Court's order. She never gives her address to me. I have failed many times in the past to serve her ( I had one restraining order against her- expired now and tried to serve a 2nd one but she withholds her address and I could not proceed). She has a negative report from a supervised visitiation monitor in our Court file. She never returned to court for judge to hear this information. I do not have an open case at this time. My question is: Can I decide to keep my son from the phone calls to protect him? He has a mood disorder and after the calls he has a bad attitude towards me.


Asked on 6/01/09, 11:19 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Inappropriate phone calls

There is a certain risk if you do not allow the visitation by telephone, although it is logical. The best solution would be to bring an ex-parte order to terminate the telephone visits until a court hearing. There are various ways to get her served. If you set up an appoint with my office and provide me with a copy of the court orders I could give you better advice. Tell my office that I offered you a free consultation on LawGuru. Good Luck, Pat McCrary

Read more
Answered on 6/01/09, 1:11 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California