Legal Question in Family Law in California
I have primary custody of my 4 year old and it is not in writing in the custody papers that I am not to speak to my son while he's with his father over some weekends. How can I make it mandatory for me to have contact with him by phone without hiring a lawyer
2 Answers from Attorneys
You can try to get the other parent to agree to let each other have reasonable telephone access to your son. If you agree, you can formalize it by filing a stipulation and order. Otherwise, file and serve an Order to Show Cause (OSC) requesting modification. The court will give you two dates one for mediation and the other for the hearing. You should be able to work this out in mediation.
Mr. Walker is correct. However, if you are not comfortable doing that type of paperwork yourself, or you think that the father would have an attorney, you may want to retain one yourself. Normally, a parent will not have a problem with telephonic contact, unless it becomes abusive/constant.
BARRY BESSER
www.besserlaw.com