Q: My question is ..i jst won full custody of child..mother has no visitation rights....do i allow her to talk on phone

A: This is a superb question rarely seen here on Justia. This question asks what is the effect of an order of custody and visitation, and the answer requires some explaining.

The order of custody and visitation is not an order for a parent to see his child. To the contrary, the order applies to the possessory parent requiring that parent to release the child. According to these facts presented by the asker, there is no order for him to release the child to the mother. It appears this absence of an order applicable to him also means the asker can block the mother from speaking to the child. The question is, can the asker allow the mother to speak to the child presumably by electronic means.

Here is where the answer gets complicated. From a humanitarian point of view, the mother should have contact with her child. This maintains the bond between mother and child, and serves to calm the mother that the child is okay. This may also have the collateral effect of preventing the mother from returning to court causing much upset to he child and to the asker.

From a legal point of view, the absence of a provision for electronic communication between mother and child means there is no contact available to either at any time. The mother will no doubt hound the court with petitions to gain access to her child. As family courts are a black box with unknown and unexpected outcomes, the custodial situation could flip suddenly, and the asker will be ostracized from his child. We cannot anticipate what would be the factual basis for such a flip, but family court needs very little in the form of a factual basis to manipulate children as it sees fit.

Certainly, this response comes without the benefit of reading the actual order of custody. Perhaps it contains steps the mother must take to obtain contact with her child. Perhaps it does not. We do not know, and for a better, more accurate answer to the asker's question, he should see a lawyer with a copy of his order of custody.