QUESTION

do I have the right to speak to my son even though hes in dads custody?

Asked on Jun 22nd, 2015 on Family Law - California
More details to this question:
His dad lie and lies and never has my son returning my calls. I miss him-Im a mom- let me talk to my kid! Im not sure if there is an adult supervising him, dads roomate had to plead guilty for failure to protect in order to get her own children back from CPS so naturally Im not comfortable with my child being there when dad is not there. He is lieing to me and saying he is home with my son but when I call, there is no answer. Im not sure what to do.
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1 ANSWER

Civil Litigation Attorney serving Arcadia, CA
I'm sorry to hear you are having so much trouble keeping in touch with your son. Its a little difficult to give you a difinitive answer to your question without obtaing further facts.  Normally, the parent who does not have physical custody, but rather visitation rights, has the right to speak with the child on the days they do not have visitation. If the father is preventing you from communicating with your son, it may be wise to take him back into court for either a contempt charge, or to have th ecourt clarify the order regarding communication with the child while one parent does not have custody.  Another note worth mentioning, if at any time your child is in a harmful situation, that may give rise to a change in curcumstances in order to modify the existing court order and to award primary physical custody to the other parent. But again, it is difficult to advise this action based on the minimum facts provided.  I would recommend contacting an attorney to discuss your case in more detail. Feel free to contact us if you like, we can offer you a free initial consultation.  Wish you all the best.
Answered on Jun 22nd, 2015 at 12:33 PM

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