Phone calls

Hi there,

My ex finally provided me a phone number to reach him at. Our custody orders state that when our daughter is with me I have to call him. When I say we are going to call her father she throws a fit and does not want to talk to him. Do I still have to call him? My other question is our visitation during the summer was one week on and one week off. He has not seen her since June 10. Can I file a show cause motion that he violated his visitation orders? I find it odd that now this was his last week to have our daughter, which he does not, he has provided me with contact info. I find it a little bit too convenient on his end.

Thank you!

If he has provided you with a working number, and it is in your Order that you call him when the child is in your care, then you do have to call him. You don’t have to force the child to speak with him if she is old enough to decide that, but you must call him. Also, you could technically file a motion since he isn’t exercising his visitation, however, I do not think a judge would have him violated for that. Often in custody agreements and orders there is something in the language that says that the non-custodial parent will not be held in violation of this order if he chooses not to exercise his right to visitation.

What if the order does not have the language about the non custodial parent?

Then you technically can still file a motion and order to show cause and ask the court to enforce the order as written. However, I have never heard of a judge forcing someone to exercise their right to visitation, or holding them in contempt for the same.

OK thank you so much for your assistance.

You are welcome. I wish you all the best.

Something new. My ex left me a voice mail stating that me calling his parents house is not working and that he will call us. This is going back to do I have to answer his phone calls when our order states that the custodial parent will contact the non custodial parent for phone calls.

My opinion is it really is not my problem his MOTHER does not want me to call their home. He should have been responsible and not have been evicted from his home and have to move back in with his parents.

You do not have to be available for every phone call he makes. Your papers say that you have to call him, but obviously you will need a working number to get in touch with him. If he leaves a message with a number to call him back on, then you do have to call him back. If he refuses to leave a number, then you do not have to make yourself available for his calls to you.