English
EspañolMother has sole custody. Father calls all the time to talk to child. Mother asks if she has to pick up the phone.
In general, when a child is living with one parent, the court order may set up specific times that the other parent can call the child. Having a schedule can provide consistency and set the expectations for both the parents the child. Does your order say anything about phone calls or communication between the parents? Often times, if the custodial parent feels that the non-custodial parent is calling constantly or at times that are not convenient in the child’s schedule, s/he may suggest a certain schedule for calls, or suggest that the custodial parent will call the non-custodial parent at times that are convenient for the child and both parents. One concern that a custodial parent may have when deciding to put limits on phone calls is whether the other parent will accuse the custodial parent of “alienating” the child from the other parent or of not allowing contact. For this reason, lawyers will often recommend to their clients that the communication between the parents to make the schedule be in writing (email, texts, etc.) and that the parent print out or save all communication. Lawyers also often suggest making a notation on a personal calendar each time that the other parent and child do talk, for how long, etc. Having a log documenting the calls may help to combat any future suggestion that the custodial parent is not allowing communication.
Lori, you may want to have a consultation with a lawyer in your county who can look at your order to be sure that there is nothing in there regarding calls or communication if you are unsure. Also, importantly, a lawyer may be able to tell you what the judges in your county commonly consider to be reasonable amounts of communication between a non-custodial parent and child - for example, do the local judges believe that once a day is enough, once every other day, or more than once a day, etc. A lawyer can also help you think through any ways to document the communication, such as the examples I mentioned above. Here is a link for lawyers, some of which are free or low-cost: LINK [CHECK THAT THIS IS THE CASE - LOOK ON THE LAWYER REFERRAL SERVICE PAGE AND ADD IF APPROPRIATE: If you don’t qualify for free legal help, the Bar Association that we link to offers half-hour consultations for a very low fee.]
