How do I make certain that my ex-wife allows phone conversation with my child? She periodically doesn’t answer my calls for weeks at a time.
The existing custody order does not address how I can exercise visitation over the phone if I am unable to in person.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce and child custody laws where I am licensed to practice.
Child custody may be attempted to be modified at any time. Based on the information you provided, it does not appear that your custody order has as much detail as may be necessary for your given situation.
A Petition to Modify Custody may be filed when a custody order is in place and you are simply asking the court to modify the terms of the previous order if you and your ex-wife are unable to agree. A custody determination and/or subsequent modification must be made based on the best interests of the child.
There are many factors that the court takes into consideration. However, the court does want the child to have ongoing and consistent contact with each parent.
A judge will typically state that the custodial parent must allow reasonable telephone access to the non-custodial parent. What constitutes reasonable varies from case to case, but generally, at a minimum, the non-custodial parent should be speaking with the child at least a few times per week.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.