Legal Question in Family Law in California
Can my the mother of my children block their cell phone's of my phone number? We are not in any litigation and both have a 50/50 custody court order. The kids reside with the mother in California and I am out of state in Montana. I believe she is breaking the law in regards to cutting-off the channel's of our communication. I do have a family law attorney that represented me several years ago and I don't want to bother her with a simple question like this. I believe their mother is breaking the law. Thank you much.
1 Answer from Attorneys
Typically phone communication is vital to a long distance custody arrangement. If the mother is preventing phone contact you need to document with phone records or physical evidence what the mother is doing and bring it to the courts attention. She should not be preventing phone communication unless it is unreasonable in frequency or duration or is violative of a court order. Therefore check your court order to see what the rules are regarding phone contact. Additionally if it is her cell phone which she pays for, she may not want you to use up her minutes for your calls. Therefore you will need to find a free way to call the children.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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