Q: What can I do if my ex took our daughter’s phone away & won’t let her contact me? The phone is under my name for 3 yrs
There is pending custody proceedings, he has gone out of his way to alienate me & prevent my daughter from having a relationship w/me ever since I motioned the court for custody modification. We have joint legal custody, he has residential custody. My petition meets the criteria for change of circumstances and I have overwhelming evidence to prove my case, his behavior/poor parenting is causing a detrimental decline in our child’s wellbeing, her safety is at risk, my petition is based on the facts I can prove; his counter affidavit is pages long of slanderous lies repeated in different ways w/no merit. He has no reason other than to punish me because he didn’t get his way, now I cant contact my child or see her location. At the most recent conf. his lawyer asked the judge to not allow me to see location on the phone that I pay for and have provided for the last 3 years and to limit my phone calls on same phone while he supervises call to 15 min per day. Judge denied that request. HELP.
A:
In your situation, where your ex has taken away your daughter's phone and is preventing communication, it's important to address this issue through legal channels, especially since there are ongoing custody proceedings.
Since you already have joint legal custody and there is a custody modification motion in progress, document this incident as it relates to your concerns about your child's wellbeing and your ex's behavior. This information can be pertinent in the custody proceedings.
You may consider filing a motion in family court addressing this specific issue. The court can order specific provisions for communication between you and your daughter. Since the judge already denied your ex's lawyer's request to limit phone calls, this suggests the court recognizes the importance of your communication with your daughter.
It's advisable to consult with your attorney about the best course of action. They can guide you in filing the appropriate motions and presenting your concerns effectively to the court.
Remember, the court's primary concern is the best interests of the child, and maintaining a healthy relationship with both parents is generally seen as beneficial. Documenting incidents and having legal representation are key in ensuring your rights and your child's best interests are protected.
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