Legal Question in Family Law in California
Mom has monitored visitation
I have full legal and physical custody of two minor children. I was awarded temp custody early 2005, made permanent 9/2005, due to numerous drug issues, missed court dates, and arrests involving mother and her spouse. She is currently court ordered to have monitored visitation at a center, where all conversations are closely monitored. She has failed to make any visitations so far, preferring to call my home and insist on talking to her children. I am not sure I am to allow this at this point, and feel she should be comunicating with them when (and if) she has her visits. Is this correct? The children are 5 and 13, and the 13 yo is isn't interested in talking to her anyway. Thank you for your time and any assistance you can provide.
1 Answer from Attorneys
Re: Mom has monitored visitation
This is a difficult situation, unless the court prohibits telephone calls. You as a parent have a duty to protect your children, if they are being harmed by these telephone calls. Based on the information you provided it is probable that the court would consider her talking to the children on the telephone is detremental to the children. However, your best approach is to go to court and have the court order either no telephone calls or at least limit telephone calls.