Question:
My question is, what right does my ex have if she has not seen our kids for over 4 years? Only calls for holidays and birthdays. Just recently for a birthday, I pretended not to be home because the last phone call b/4 that was Christmas. Do I have to give the phone to the kids when she calls. She lives in Florida and I live in New York. Our children are 7 and 10. The kids are really bent out of shape when she does call because its the same thing...I miss you, I wish you were here, please ask if you can come here for vacation etc. The courts have told her to seek court oppointed counselor but she refuses to go (actually she went once and that was it). I just need to know how I can protect my children. I have full custody.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. Get the kids into counseling to discuss their issues with mom's calls. You can work with the counselor on whether it is in the children's best interest that you allow the contact to continue. If the Court order requires you to give the phone to the kids when she calls then you should do so. If the counselor recommends contact with mom be limited then you can go to court to seek to further limit her contact with them.