No Return Calls

[drawingmole74]

New Jersey.

I would like to know if parents have joint custody of a child, and the child is physically in custody with the mother. Is it a violation of the custody agreement if the mother does not allow the father to talk to the child on the telephone? If the father tries repeatedly to telephone his daughter and the mother does not return the father's call for her to talk to her father can that be actionable in a court of law? Because the mother does not contact the child's father it has caused him failure to have his scheduled visitation. Is there anything here that can be actionable in a court of law?

 

[BelizeBreeze]

No, it is not a violation of the custody order.

IT MAY be a violation of the visitation order. But, since we don't know what your visitation order states EXACTLY, we can't comment on that.

 

[stealth2]

What does the order (specifically) state about phone contact as well as visitation?

 

[drawingmole74]

Greetings, all. I have joint custody, every other weekend, and split holidays. The ex will not answer or return phone calls. (I have records). I am unable to speak to my child, or schedule visits (They are out of state, though the divorce was handled in NJ state's jurisdiction). What are my options? At this point, I want to ask the court for as strong a response as possible, so that the ex will get the idea that they have to comply with the custodial agreement.
can i sue for alienation, or for anything else?
There is nothing specifically about phone contact in the order but can i petition the court for such an order

 

[BelizeBreeze]

You were asked twice a very specific question.

Now, one more time so you can understand. Do you have a visitation order and if so, what exactly does it state as to contact?

 

[stealth2]

If it's not already in the order, she's not in contempt. However, you can file for a mod asking that it be included in your orders, and then try to get it made as specific as possible. My ex claimed I was denying him phone contact (not true), so I asked the judge that he specify when the children must be available to him w/o fail. And that he's free to call at other times.

Where in NJ are you (county)?

 

[drawingmole74]

I am in Union County.

Thanks for the advice. I will certainly bring up the phone contact in my next court apperance. It is difficult to arrange the court ordered visitation when your ex has been so uncooperative.

 

[stealth2]

K, I'm down in Ocean. Her lack of cooperation, tho, is the exact reason why you need it all spelled out. Once you do, and she still refuses to comply, you can take her to court for contempt.

 

[drawingmole74]

Good Advice! Thanks.