Denver, CO asked in Family Law and Child Custody for Colorado

Q: Can I refuse communication from my ex if every time she talks to him his behavior gets worse?

She's lied to him in the past and abused him on the phone before and now that we live in Colorado every time she calls his behavior gets worse and she lives in Massachusetts.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: Yes and no. You are required to follow the terms of the current custody agreement (presumably the phone calls are included in the custody agreement). Failure to follow the terms can result in court sanctions, but some parents choose to take that risk. If you wish to prevent these calls, you will need to file for a modification of the custody agreement. If you think it is advisable, you can also make contact with your ex to see she can be less hostile on the phone. In the alternative, you can also see if your son would like someone present for the phone calls (you cannot impede the calls, but support during the call likely will improve your son's behavior on your end).

You may need to contact a family law attorney for specific advice or to assist with a modification.

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