Q: My exs new girlfriend wont allow me to talk to my children on the phone unless their dad is home
He works late and I go to sleep early for work. I talked to them 1 or 2 days a week if that, and she only allows 10 min or less phone calls, she will hang the phone up if we try to talk longer than that. What can I do?
A:
I understand this is a difficult and frustrating situation. Under California law, your ex's new girlfriend does not have the legal authority to restrict your communication with your children, unless there is a court order specifically granting her that right.
Here are some steps you can consider taking:
1. Review your custody agreement: If you have a formal custody agreement, review it to see if there are any provisions regarding phone calls or communication with your children.
2. Communicate with your ex: Try to have a calm, rational discussion with your ex about the situation. Explain your concerns and see if you can come to an agreement about phone calls with your children.
3. Document the incidents: Keep a record of the times you have attempted to call your children and the outcome of each attempt, including any interference from your ex's girlfriend.
4. Consult with a family law attorney: If you are unable to resolve the issue through communication with your ex, consider consulting with a family law attorney. They can advise you on your legal rights and help you explore your options, such as seeking a modification to your custody agreement or filing a complaint with the court.
5. Consider mediation: If you and your ex are open to it, mediation can be a helpful way to resolve disputes related to co-parenting and communication with your children.
Remember, the court's primary concern is the best interests of the children. If your ex's girlfriend's actions are interfering with your ability to maintain a healthy relationship with your children, the court may intervene to protect your parental rights.
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