Telephone visitation interference .. . is this enough to gain custody?

[MikeC.]

What is the name of your state? CA I'm NCP and have a current order for physical visitation (80%CP, 20%NCP). CP (my ex-wife) and I have been having difficulties since she found out I have a girlfriend. She refuses to answer her home phone (the only contact telephone I have), so I can't speak to our daughter. The order is silent (no mention) of telephone visitation, but this is becoming a BIG problem. NCP is now saying (though her attorney) that I'm harassing her. I just want to talk to my kids. To give a complete picture, there's been no interference in physical visitation. I have recently filed for modification of child support (asking for reduction due to lower income) and have a disputed arrearage claim for $60k against me (hearing with DCSS in less than one week). My question is . . . is the parental interference (about 6 months now) of denying me telephone contact with our daughter considered enough change of circumstance to request change in custody (730 eval)?

 

[BelizeBreeze]

What is the name of your state? CA I'm NCP and have a current order for physical visitation (80%CP, 20%NCP). CP (my ex-wife) and I have been having difficulties since she found out I have a girlfriend. She refuses to answer her home phone (the only contact telephone I have), so I can't speak to our daughter. The order is silent (no mention) of telephone visitation, but this is becoming a BIG problem. NCP is now saying (though her attorney) that I'm harassing her. I just want to talk to my kids. To give a complete picture, there's been no interference in physical visitation. I have recently filed for modification of child support (asking for reduction due to lower income) and have a disputed arrearage claim for $60k against me (hearing with DCSS in less than one week). My question is . . . is the parental interference (about 6 months now) of denying me telephone contact with our daughter considered enough change of circumstance to request change in custody (730 eval)?

Nope, not enough.

 

[MikeC.]

She won't even speak to me. So I will be forced to pay my attorney to go to court and modify the court order. Can I file contempt charges? Can get legal fees because of the repeated denial of contact? This woman is driving me straight to the poor house . . . HELP, please!!!

 

[snostar]

No, you can't even file contempt. You can file for a modification though requesting phone contact to be court ordered.

 

[titansfan]

nope

if you dont have an order for telephone vistation, then shes not interfering-its only when she interferes with physical visitation that you can do anything.how many times are you calling? maybe you are calling way too much, and making a pest of yourself. be careful about that, or she may be able to get a restraining order against you preventing you from calling at all.

 

[casa]

What is the name of your state? CA I'm NCP and have a current order for physical visitation (80%CP, 20%NCP). CP (my ex-wife) and I have been having difficulties since she found out I have a girlfriend. She refuses to answer her home phone (the only contact telephone I have), so I can't speak to our daughter. The order is silent (no mention) of telephone visitation, but this is becoming a BIG problem. NCP is now saying (though her attorney) that I'm harassing her. I just want to talk to my kids. To give a complete picture, there's been no interference in physical visitation. I have recently filed for modification of child support (asking for reduction due to lower income) and have a disputed arrearage claim for $60k against me (hearing with DCSS in less than one week). My question is . . . is the parental interference (about 6 months now) of denying me telephone contact with our daughter considered enough change of circumstance to request change in custody (730 eval)?

Good news: child support and visitation are two different animals. '

Bad news: WHY are you &60 in arrearages?

More bad news: In CA telephonic contact should be addressed in your court papers- if it's not then you should file in court to modify your visitation agreement to reflect that. ie; without orders specifying you should have telephone contact at x time and x date - don't expect it to happen.

Re; the harrasment- how many times per day/week have you called? Does it meet 'harrassment' guidelines?

Give more specific information and you will get more specific answers.