How do I enforce my ex to let me speak to my children by phone? 3 Answers as of July 25, 2011

I am in the process of filing for divorce from my ex. I live in another state, and am unable to regularly see my children, but try to call several times a week. My ex will no longer take my phone calls. What should I include in visitation orders to cover regular phone calls, and how do I go about enforcing those orders once they are in place?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If the children are in a different state and have lived there over six months, the only court that would have jurisdiction over custody and visitation would be the state where the children reside, pursuant to the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA). The divorce case should thus be filed in the state and county where the children reside. You would best retain an experienced Family Law Attorney in that county to represent you. The orders that you would seek need to be tailored to your particular circumstances, but would include orders allowing you to call at a certain time on certain days of the week (or all days of the week) to speak to the children, orders requiring your wife to answer your calls and cooperate to facilitate your phone conversations with the children, etc.
Answer Applies to: California
Replied: 7/25/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You need to have a specific order that you are allowed to speak to the children at a set time each week for a set amount of minutes. If he violates the order then he can be held in contempt. However, without a lawyer helping you, since you are in another state this will be extremely difficult for you to do. I suggest you retain a lawyer immediately to help you.
Answer Applies to: California
Replied: 7/24/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You are on the right track to establish a specific court ordered timetable for your phone contact. You may also want to have court ordered video calls on a service like Skype. Your judge may allow a compliance continuance once the orders are in place. I would request a review date for compliance near the end of the year to capture any planned in person or phone visitation schedule.
Answer Applies to: California
Replied: 7/23/2011
Click to View More Answers: