Hello I have permanent custody of my son and he is in Las Vegas visiting his mother for Christmas. I bought a cell phone a gave it to my 9 year old son so he could have free and unlimited communication with me why he was there. Today my son gets there and his mother takes the phone from him and told me if I wanted to talk to my son I needed to call her cell phone. I have a problem with this because she does not answer or let my son talk to me and when I get to talk to him she records the communication with him. The court order that gave me permanent primary custody says he (my son) is to be allowed free and unlimited telephone communication. I have emails from her stating if I want to talk to my son I had to call her cell and she was recording the communication to protect herself. I have told her I do not agree to this recording and my son has told me he wants to call me with his cell phone. What are my options? I feel this is not in the best interest of the child. She is always telling my 9 year son that she wants a baby but her bf does not, I feel this is very degrading to my son, it is almost like she wants to replace him. She gets him for 7 weeks in summer and for Christmas every other year.
If she violates the order by not allowing you to communicate with your son, you should file a motion for contempt. Present her emails about recording the conversation as proof that the conversations are not free and present your phone logs of attempts to call when she hasn’t picked up or returned the call as proof that the calls are not “unlimited.” If the order does not address the child having his own cell phone, I don’t believe that is too relevant, but goes to the fact that she is trying to limit your communication. You can also ask for a modification and ask the court to order that the child be allowed to have a cell phone.