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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2510
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I have full custody of my 15 year old son and my 7 year old

Customer Question

I have full custody of my 15 year old son and my 7 year old daughter, their dad is the noncustodial parent and was given the standard order of visitation in our county which is every other weekend, a mid week visit (that he has never taken advantage of in 2 years), then 4 weeks in the summer. This is the first year he requested for summer time. Their dad never answers any of my phone calls when I have tried to contact him or if the children try to call or when he has his visitation he won't answer when I call to speak to my kids so I purchased our son a phone, most kids his age already has one but I got it in order to make contact with them when they are gone. It's in our custody agreement I'm allowed to contact the children 1 time daily but they can call me unlimited amount of times and we can text unlimited also, well the 4 week summer time started July 1 until August 1 during the first week my kids dad took the phone I provide for our son away and would not return it to him. He told our son if I wanna talk to him to call his phone... Problem with that is he won't answer when I do call. So during the mid month visitation that I got with my kids he gave our son his phone back and told him not to bring it back when they had to go back for the remaining 2 weeks. My son took his phone as I feel he should and his dad took it again from him. First off he is almost 16 years old kids his age have phones. The main reason I got it was for them to be able to talk to me if they wanted to since he won't answer my incoming calls and when they have asked him if they could call me he just ignores them until they just give up asking. Is he preventing parental contact and is he legally able to take that phone away that is registered to me I pay the bill and he has never called the phone to talk to our kids not even one time. He actually doesn't contact them at all in between his weekend visitation all by his choice he is welcome to call as much as he wants I actually encourage him to call I want him to have contact with them so my kids know they are a priority in his life because when he brings them home on Sunday at 7 he don't contact them at all until 12 days later when it's pick up time Friday at 7. Just because he doesn't feel the need to see how his kids are doing or just wanna let them know he loves them doesn't mean that I don't want to and I feel he is doing everything he can to prevent contact between my kids and I.
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
While the law varies from state to state, in most states, you could file a motion in court to request that the father be found in contempt for interfering with your contact with the children while they are with him. You could also ask (either as part of the contempt motion or in a separate motion) that the father be ordered not to take the phone away from your son. If you do it as part of a contempt proceeding, you would be presenting that as a way to prevent the contempt from recurring in the future. If you request the order separately, you need to show why the Court should want your son to have access to the phone. Do you have any other questions?