Ask A Lawyer: Is There A Rule/Law Prohibiting Ex From Refusing Me Contact From Son?

Question:

I’m in the Army and currently stationed in Iraq. I have joint custody of my son with my ex. However, while I’m here she refuses to let me have any contact with him either by phone or webcam. Is there any rule/law that prohibits her from doing this?

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Answer:

Not necessarily; however, there may be a provision in your parenting plan that she is violating.  If your parenting plan provides a schedule or some sort of guideline for you to have contact with your son while you’re in Iraq and she’s not following that guideline, then she may in violation of a court order.  If you have an attorney and have a way to contact him, I would do so and inquire as to whether he can file a motion to bring this issue before the court.  She may be the type of person that needs a Judge to tell her that she’s wrong in order to get her to do the right thing.  Also, though, you should consider any self help options.  For instance, if you son visits with your family or any of her extended family with whom you have a good relationship, you may have them set up the phone or webcam visit.

Claudia J. Weaver is an Associate Attorney with Cordell & Cordell, P.C., in Overland Park, Kansas. Ms. Weaver practices exclusively in the area of domestic relations.

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