HOW CAN I GET ORDERS REQUIRING MY EX TO LET ME CALL MY CHILDREN?

QUESTION: I am in the process of filing for divorce from my ex. I live in another state, and am unable to regularly see my children, but try to call several times a week. My ex will no longer take my phone calls. What should I include in visitation orders to cover regular phone calls, and how do I go about enforcing those orders once they are in place?

MY RESPONSE:

If the children are in a different state and have lived there over six months, the only court that would have jurisdiction over custody and visitation would be the state where the children reside, pursuant to the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA).

The divorce case should thus be filed in the state and county where the children resided if they haven't lived in the new state for six months. If they have lived in another state for over six months, you might well have jurisdictional problems if you file in your state.

You would best retain an experienced Family Law Attorney in the appropriate state and county to represent you.

The orders that you would seek need to be tailored to your particular circumstances, but would include orders allowing you to call at a certain time on certain days of the week (or all days of the week) to speak to the children, orders requiring your wife to answer your calls and cooperate to facilitate your phone conversations with the children, etc.

To enforce those orders, after they are served upon your ex, you would need to proceed against her for contempt of court if she violated those orders.

You would best retain an experienced Family Law Attorney in the county and state where the custody action is filed to represent you.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |