Legal Question in Family Law in California
Refuses to let me speak to my daughter
My ex and I share physical and legal custody (50/50). One week off, one week on. I like to call my daughter at least twice a week while she is with my ex. My ex usually doesnt pick up the phone, I leave messages to no avail. I never get a call back from my daughter (shes 8). Anyway, my ex is now saying that if I want to talk to my daughter while she is not with me, then I have to pay for a ''pre-paid phone card''. I refused, saying it was ridiculus. My ex has now told my daughter since I wont pay she will have to (my daughter). What are our rights? Even if I do see her every other week, dont I have the right to talk to her (and her to me) when she is not with me? My ex says that she never calls my daughter when she is with me (she doesnt), so there should be no reason for me to call her when she is with her. I like to keep in contact with my daughter, even if its just a few minutes every couple of days. I told my ex I would take her back to court and we would see what a judge had to say about it, if thats what she wanted. She laughed and said that then I would have to pay her attorneys fees. What are my chances of geting a judge to see it my way? All I want is to talk to my daughter every few days for a few minutes. Please help.
1 Answer from Attorneys
Re: Refuses to let me speak to my daughter
I believe your chances of having the judge allow telephonic contact with both parents during the non-custodial time is very likely. Such contact should be reasonable in both time and duration.
If your ex won't agree, then file an OSC and don't forget to set a conciliation meeting.
I do not know your respective financial situations and therefore cannot address the issue of attorney's fees.
Regards, Damian Nolan.
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