There is no general rule on this and it is handled on a case by case basis. Lack of telephone contact would generally not be a basis to modify the entire custody order. How long of a period are you having to go without speaking to your child?
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I am having to go the whole weekend every weekend without talking to him. On top of this his father has been emotionally abusing him as well as some physical abuse(in the past). He is a child with ADHD and he does not make sure he gets his medication on time as well.
My son reported he locked him in a dark room during the last visit. I have contacted my local CPS and they are investigating this. However in the meantime I am unable to have any contact with him at all when he goes on these visits. I tried to call my son on his cell phone that we gave him and it was off. So I called his dad and he told me that if I have anything to say to our son I can tell him and he will deliver the message. I have this conversation recorded on tape. We also go through a supervised visitation agency so we don’t talk to each other or have any contact and this was the first time I have talked with his father since we have been doing supervised exchanges. My son says he has been taking his cell phone this is why he does not call and he is afraid to ask him to use the phone there. I don’t know what else to do.
I also have him visiting a therapist once a week. So I am hoping this will help. But I don’t really know at this point.
quote:[i]Originally posted by Helena Nevicosi[/i]
[br]There is no general rule on this and it is handled on a case by case basis. Lack of telephone contact would generally not be a basis to modify the entire custody order. How long of a period are you having to go without speaking to your child?
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
It sounds to me like you have a problem that is much larger than a lack of cell phone contact. If your son is being emotionally traumatized by his father you can pursue a protective order on his behalf. Normally, I advise parents that not having phone contact for the weekend is not something that the court is going to get involved with, but your problem is much larger than a lack of phone contact. There are agencies out there than can help you with pursuing a protective order behalf of your son, what county do you live in?
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
We live in Franklin County. I did not know I could do this and any help you could provide on how I can pursue this order would be greatly appreciated.
Thanks,
Kimmora
quote:[i]Originally posted by Helena Nevicosi[/i]
[br]It sounds to me like you have a problem that is much larger than a lack of cell phone contact. If your son is being emotionally traumatized by his father you can pursue a protective order on his behalf. Normally, I advise parents that not having phone contact for the weekend is not something that the court is going to get involved with, but your problem is much larger than a lack of phone contact. There are agencies out there than can help you with pursuing a protective order behalf of your son, what county do you live in?
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
You should contact the clerk of court in Franklin County and ask to speak to someone in the domestic violence unit, they should be able to lead you in the right direction.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Can a non-custodial parent deny a custodial parent telephone communication with the child during visitation? I am having a situation where when my son goes to visit his father he is taking his cell phone and won’t allow him to call or have contact with me during visits with him.
I tried to contact him on his cell phone and it was turned off so I contacted my ex and asked him to have our son to turn on his cell phone. He told me no and that anything I had to say to our son I would have to go through him and he would deliever the message. I have recorded this conversation and I want to know is it legal for him to deny our son access to receive or make calls to me? also Can I take him back to court on this and have the visitation order modified?