Gadsden, AL asked in Child Custody for Alabama

Q: Do I legally have to make my 5 year old son have constant phone contact with my ex-husband if my ex doesn’t do the same

I have sole custody of our 5 year old son (my ex walked out & moved back to FL) & he’s only called our son about 3-4 times (if that) in the 3 1/2 years he’s been gone. I ask my son daily if he wants to call my ex & talk but he says no. When he does say yes (which is very rare), I’ll call my ex & my ex will either not answer or he’ll make up some excuse not to talk (he’s too busy, doesn’t feel like talking, etc.). I want to do what’s legal, but I also don’t want to force my son to talk to him if he doesn’t want to & I don’t want to make things easy on my ex & do his job for him when he should be making equal efforts in communicating. Since I’m the custodial parent, am I legally required to initiate the phone calls every time or am I required to make sure that my son stays in regular constant contact with my ex if he doesn’t make any effort whatsoever to try calling our son also?

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1 Lawyer Answer

A: You have to either obey a court order or change it. You do not have a 5-year old make the decision.

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