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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> telephone schedule
Nov 29
1999

Ask a Lawyer: Ex-wife preventing me from calling my son

Posted by Dads Divorce in Visitation , Visitation , telephone schedule , Parenting , motion , MN , custody , custody , contact , child , Ask A Lawyer

Question:

My ex and I have an order entered in Minnesota; she has sole physical custody and I have visitation and we have joint legal custody of our 9-year-old son. My question is whether my ex can refuse to allow me to talk to my son on the phone when he is with her. I want to talk to him on the phone once a day for 20 minutes but our order does not say anything specific about phone calls. I used to be able to call him whenever I wanted but ever since her parents have been around a lot more I have only been able to talk to him briefly before she hung up on me. Her parents openly hate my guts and watch over my son when she is at work (which is a lot). Since their involvement, she or they have 1) not allowed my son to call me and 2) I think turned off the ringer on the phone so that he won't come to the phone. Don't I have the right to be able to talk to him on the phone even when he is with her? Can I do anything about the meddling grandparents? Her step dad actually threatened my son last year and physically abused my ex when she was about my son's age so I really want to call him every day to make sure he is all right. I was thinking of filing a "Request to Resolve Parenting Time Problem" but this situation doesn't really seem to apply. I am considering buying my son a cell phone but am worried she will just take it away and still not let me call. What can I do?

Answer:

I cannot answer your question specifically to the laws of MN as I am not licensed in that State. You should consider filing for a change of custody and discuss the possibility with a local attorney. As a less drastic measure, you could modify the present parenting plan to provide for a telephone schedule and provisions for keeping the lines of communication between you and your son open. If she refused the telephone contact after a schedule was ordered you would have the option to file for a modification of custody at that time or file for her to be held in contempt. There is not really anything that you can do about the grandparents beyond using their actions and presence in your modification request.